In re Close

This is an appeal by Benjamin Close from the judgment of the superior court in and for Humboldt county adjudging him an insolvent debtor, and from an order denying his application for an allowance from his estate of money sufficient to employ counsel, pay costs, expenses, etc.

The petition is in the following language:

The respondent therein, who is the appellant here, demurred to the petition upon the ground that it did not state facts sufficient to constitute a cause of action or petition under the Insolvent Act of 1880.

The demurrer was overruled, and such ruling is assigned as error. The petition is sufficient within the *579 rulings of the court in Wright v. Cohn, 88 Cal. 328 , and In re Dennery, 89 Cal. 107 .

It shows that all of the petitioners are residents of the state of California; that the demands are due, and accrued in this state; the nature and amount of their several demands, and the other facts required by section 8 of the Insolvent Law, approved April 16,1880. (Stats. 1880, p. 82.)

The demurrer was properly overruled.

A motion was also made to strike out the petition, “upon the ground that the same is not verified by three of the petitioners named…