Anderson v. Superior Court of Lassen County

Citations

• 122 Cal. 216
• 54 P. 829
• 1898 Cal. LEXIS 561

Syllabus

<p>Insodvency—Petition oe Creditors—Amendment—New Proceeding.—A petition of the creditors of an insolvent debtor must show that they are, at least to the number of five, creditors of the alleged insolvent, and creditors to the amount of five hundred dollars, and, if they fail to do so, the proceeding must fail; and the petition cannot be amended by bringing in new creditors, without the institution of a new proceeding, subject to the provisions of the statute in reference to citation, bond, etc.</p> <p>Id.—Proceeding without Bond—Prohibition.—A proceeding by the creditors of an alleged insolvent debtor without a bond, in the face of an objection thereto, and without any waiver of the objection, is in excess of the jurisdiction of the superior court, and there being no adequate remedy therefor by appeal, prohibition will lie to restrain such proceeding.</p> <p>Id—Eeeect oe Originad Bond.—The bond accompanying a petition in insolvency covers only the costs and damages sustained by the filing of that petition, with such proper amendments as may have been made thereto; but does not cover costs and damages sustained by reason of the filing of a petition by other creditors in a new proceeding.</p>