In re Clarke

The petition shows that on the second day of October, 1891, six creditors of petitioner filed a petition in the superior court asking to have him adjudged an insolvent. An order to show cause was issued, signed by the judge but not made by the court. The bond given was not sighed by the petitioning creditors. October 29th the petition was amended by adding three new creditors, and in other respects. No new bond was given after the amendment, and no new citation was issued November 7, 1891, petitioner appeared and moved to strike o' the petition on various grounds, and also demurred. The n tion was denied and the demurrer overruled. He answered, i trial was had and an order was made May 12, 1892, which ad *391 judged that on the fourteenth day of September, 1891, Alfred Clarke was an insolvent debtor, and petitioner was ordered to file schedules as required by law.

Petitioner represents that he has always challenged the jurisdiction of the court on various grounds, and particularly because no bond was given as required by the statute. It is further charged that the order of adjudication has never been entered, and that petitioner moved in the superior court to have the proceedings…