In re Ramazzina

Citations

• 110 Cal. 488
• 42 P. 970

Syllabus

<p>Insolvency — Partnership— Sufficiency of Petition — Jurisdiction.— Although a petition in insolvency by partners does not directly allege that the petitioners are partners, the absence of such direct allegation is not jurisdictional, where the fact sufficiently appears that they are partners, taking the petition as a whole.</p> <p>Id.—Appeal by Creditor from Adjudication—Sufficiency of Pleading.—Upon appeal by a creditor from an adjudication in insolvency upon petition of insolvent partners, any crudities or bad grammar used by the petitioner are not fatal to the jurisdiction, and will not vitiate the pleading.</p> <p>Id.—Showing of Insolvency—Valuation of Partnership Assets — Excess of Partnership Assets over Liabilities.—The fact that it appears from the petition that the valuation of the partnership assets exceed the liabilities of the partnership, does not prove the solvency of the copartners at the time of the filing of the petition; and where the petition discloses that the partners individually are hopelessly insolvent and unable to pay the debts and liabilities of the partnership, the petition sufficiently discloses insolvency within the purview of the Insolvent Act.</p> <p>Id.—Debtor, When Insolvent.—A debtor is insolvent when he is unable to pay his debts from his own means as they become due.</p>