Julien v. Riley

Citations

• 61 Cal. 242
• 1882 Cal. LEXIS 589

Syllabus

<p>Action to Bevtew an Order in Insolvency Proceedings—Equity.—Action to compel the assignee of an insolvent to include the claim of the plaintiff among the list of claims against the estate, and for judgment against Mm for the amount due the plaintiff upon a pro rata distribution of the assets. The action of the assignee in excluding the claim of the plaintiff from his statement of the claims against the estate had, after a contest been approved by an order of the insolvency Court.</p> <p>Held: If the order of the County Court was erroneous, the proper mode to obtain relief therefrom was by appeal; and there is no sufficient ground shown by the complaint for the Mterposition of a Court of equity.</p>