In re Patton
Opinion
Lead Opinion
Vanclief, J.
The requisite number of the creditors of J. A. Patton petitioned the superior court of Glenn county that he be adjudged insolvent and required to surrender his estate for the benefit of his creditors, and he was ordered to show cause why the petition should not be granted. In response to the order he demurred to the petition, on the grounds that it “ does not state facts sufficient to constitute an act of insolvency on the part of said respondent, and does not state facts sufficient to constitute a cause of action against respondent.”
The court sustained the demurrer, and the petitioners *35 declining to amend their petition, judgment passed for defendant dismissing the petition, and for costs.
The petitioners bring this appeal upon the judgment-roll.
The petition states two grounds, or acts of the respondent, upon which the petitioners pray that he may be adjudged insolvent, as follows:
The only deficiency attributed to the petition by re *36 spondent is “ that the allegations of fraud, as set out in the creditor’s petition, merely state conclusions of law, and are not sufficiently specific as to the facts and circumstances constituting the fraud.”