In re Castle Dome Mining & Smelting Co.

Citations

• 79 Cal. 246
• 21 P. 746
• 1889 Cal. LEXIS 710

Syllabus

<p>Insolvency—Foreign Corporation—Appeal. — The question whether- a foreign corporation doing business in this state can he- adjudged án involuntary insolvent, and required to surrender its property, under the insolvent law of this state, cannot he considered upon an appeal of which the appellate court has no jürisdietioñ.</p> <p>Id.—Dismissal of Insolvency Proceeding—Default of Insolvent-Intervention— Contest between Creditors — Appeal — Servios of Notice—Dismissalof Appeal—Waiver.—Upon an appeal taken by petitioning creditors from an order dismissing a proceeding in insolvency against a foreign corporation for alleged want of jurisdiction^ though the corporation made default, and the controversy is between the petitioning creditors and attaching creditors of the corporation, who intervened to prevent an adjudication of insolvency against the corporation, the notice of appeal must he served upon the corporation as well as upon the attaching creditors, in order to give jurisdiction of the appeal,- since the judgment was in favor of the corporation and a reversal would affect its rights. An objection to the jurisdiction for want of such service is not waived under rule 13, by failure to object before the hearing of the appeal, hut may he urged at the hearing as a.gronnS of dismissing the appeal.</p>