In re Visalia City Water Co.

Citations

• 119 Cal. 561
• 51 P. 856
• 1898 Cal. LEXIS 670

Syllabus

<p>Involuntary Insolvency—Insufficient Verification of Petition—Jurisdictional Requirement—Void Petition not Amendable—Construction of Code.—The verification of a petition in involuntary insolvency by three creditors of the insolvent is necessary to the validity of the petition, and the requirement of it is jurisdictional; and where it appeared that at the time of the verification of the petition by three creditors it contained only averments in reference to their claims, and that the claims of two other creditors verifying the petition were subsequently inserted- the verification by the three creditors is a nullity, and the petition, not being verified as required by the statute, is void, and, being void, is not amendable under section 9 of the Insolvent Act, which is intended to provide only for the amendment of a valid petition, and does not refer to a void petition which no amendment can validate, so as to confer upon the court jurisdiction of the subject matter of the proceeding which it did not previously have.</p> <p>In.—Eobm or Bond.—The Insolvency Act contemplates the tiling of a bond with two sureties, and all the petitioning creditors as principals.</p>