Kohlman v. Wright

Citations

• 6 Cal. 230
• 1856 Cal. LEXIS 105

Syllabus

<p>An applicafciifh for a discharge in insolvency is a special proceeding in the nature of an action. The petition, schedule and affidavit, are the pleadings on the part of the petitioner, who is the plaintiff; and if they are sufficient to entitle him to his discharge, any irregularity or defect in form must be taken advantage of before judgment, by his creditors, who are defendants in the proceeding.</p> <p>The judgment, if not reversed on appeal, is conclusive between the parties.</p>