In re Dennery

Citations

• 89 Cal. 101
• 26 P. 639
• 1891 Cal. LEXIS 781

Syllabus

<p>Insolvency — Nature oe Proceedings — Provable Debts.—Insolvency proceedings are not in any sense proceedings merely for the collection or security of the particular demands of the petitioning creditors, and the fact that a petitioner has a provable debt is necessary to he shown only to show that the alleged debt occupies that relation, and that the petitioner has the requisite qualification to commence the proceeding.</p> <p>Id. — Qualification oe Petitioning Creditor. — A creditor who may file a petition for involuntary insolvency is one whose debt is provable under the act.</p> <p>Id. — Petition by Partnership Creditors — Name of Firms. — A petition in involuntary insolvency by partnership creditors, which describes the petitioning creditors by their firm names, is sufficient, although it fails to state the names of the members of the firms.</p> <p>i Id.—Action — Special Proceeding__A proceeding in insolvency is not an “action” as defined by section 22 of the Code of Civil Procedure, but is in the nature of a special proceeding within section 23 of the same code.</p> <p>Id. — Certificate of Partnership. — Sections 2466 and 2468 of the Civil Code, which provide that partnerships doing business in this state, under a designation not showing the names of the partners, must' file a-certificate with the clerk, etc., or shall not be allowed to maintain an action, etc., are not applicable to partnership firms which are the signers of a petition in involuntary insolvency.</p> <p>Id.—Resident Partnership—Non-residence of Partner.—A copartnership composed of four persons, three of whom are residents of this state and the fourth a non-resident thereof, and which carries on its business in this state, is a resident of this state within the meaning of section 8 of the Insolvent Act of I860, providing that an adjudication of insolvency may be made upon the petition of a certain number of creditors, residents of this state.</p>