Chinette v. Conklin

Citations

• 105 Cal. 465

Syllabus

<p>Insolvency—Parties to Proceedings — Disqualification of Judge — Relationship to Creditors.—In a proceeding in insolvency there are no parties, other than the insolvent himself, at the time of the adjudication, or until after one or more creditors have made proofs and filed their claims against the insolvent; and the judge is not disqualified, under section 170 of the Code of Civil Procedure, to make the order of adjudication, and to fix the day for choosing the assignee in insolvency, upon the ground that his son in law is named in the schedule as a creditor of the insolvent firm, and that the assignee of the insolvent estate was chosen by reason of the son in law having made proof of the claim. Id.—Election of Assignee—Judicial Function—At the time fixed for choosing the assignee there is no judicial function to be performed by the judge of the court, but the election is made by a vote of the creditors, of which the clerk keeps the minutes, and enters the result upon the records of the court.</p> <p>Id.—Prohibition—Sale of Property by Assignee.—After the property 'of the insolvent has been sold by the assignee, there is no office for the writ of prohibition to perform in reference thereto.</p>