In re Marsh

Good Law
115 Cal. 230·1896 Cal. LEXIS 999·46 P. 1072
Supreme Court of CaliforniaDecember 8, 1896Sac. No. 191California496 words

Opinion

Lead Opinion

Britt, J.

April 22, 1893, Marsh filed in the superior court a petition in insolvency under the Insolvent Act of 1880. In the accompanying schedules his debts were estimated at $2,318, including the sum of $2,200 on a promissory note to one J. A. Bell, for which note it was stated there was no consideration. A formal adjudication of insolvency was entered, and, after the .expiration of three months following, Marsh applied for a discharge from his debts. Said Bell contested the application, and, on July 14, 1894, after trial of the contest, the court rendered judgment declaring *232 that, on said April 22, 1893, Marsh did not owe debts amounting to three hundred dollars, and was not entitled to be discharged, or to receive the benefits of the act. Afterward, on October 9, 1894, Marsh began the present proceeding by filing a new petition in insolvency, showing liabilities amounting to $3,104; thereupon he was adjudged insolvent, and on January 11, 1895, he again made application to be discharged from his debts. Bell again contested his right to the same; this time on the ground that in the proceeding first instituted, Marsh , had had the benefit of the Insolvent Act within the meaning of the…

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