Bertz v. Turner

Citations

• 102 Cal. 672
• 36 P. 1014
• 1894 Cal. LEXIS 709

Syllabus

<p>Insolvency—Petition by Creditors—Dissolution of Attachment.— The mere filing of a petition for an adjudication of insolvency by creditors against an alleged insolvent debtor does not dissolve an attachment, and is not ground for the dissolution thereof by the court; and the fact that the creditor who issued the writ of attachment is uniting with other creditors in prosecuting the insolvency proceedings is not ground for such dissolution.</p> <p>Id.—Appeal—Previous Motion to Dissolve Attachment.—Where the bill of exceptions upon appeal from an order refusing to dissolve an attachment contains papers which might show that there had been a previous motion to dissolve the attachment on other grounds which had been denied, but it appears that such papers were not read or considered on the hearing of the motion from which the appeal is taken, they cannot be considered upon the appeal.</p> <p>Id.—Judicial Notice oe Records—Reference to Another Appeal by Appellant.—For some purposes the supreme court will take judicial notice of its own records; but an appellant cannot, by reference to another appeal, have his cause heard on evidence not produced at the hearing in the court below.</p>