Widber

This is an original proceeding by writ of error to review the action of the superior court of San Joaquin County in adjudging one W. W. Stockwell an insolvent debtor, and also in allowing one E. R. Stockwell and the Farmers’ and Merchants’ Bank to vote their respective claims held against said insolvent debtor, in the election of an assignee, and in adjudging the election of said E. R. Stockwell as assignee of the estate of said insolvent debtor. Respondent has moved to quash the writ upon various grounds; among others it is insisted that neither the court which committed the alleged error, nor the judge thereof, is a proper party to the proceeding; but that the persons directly interested in the result of this litigation should be made defendants and given an opportunity to be heard before their rights are judicially declared. The controversy upon *431 the main questions involved appears to be so entirely without merit that we refrain from considering the motion to quash the writ, and pass directly to the alleged errors of law which we are called upon to review. It is claimed that the court erred in adjudicating Stockwell an insolvent debtor upon his voluntary petition while an…

I concur in the judgment. As to whether or not a writ of error lies, in any case, under our system, I express no opinion.