Langenour v. French

Citations

• 34 Cal. 92

Syllabus

<p>Sufficiency of Petition in Insolvency.—Where a, petition in insolvency avers t( That he [petitioner] is, and for about ten years last past has been, a citizen of Placer County, State of California, and has been mostly engaged in ranching and stock raising in said county :** held, that it substantially shows the jurisdictional fact of residence of the petitioner in said county for at least six months next preceding the time of filing said petition.</p> <p>Sufficiency of Orders of1 Judge to Creditors and to publish Notice to Creditors.—Where the Judge receiving a petition of insolvency, in an order directed to the Clerk of his Court, ordered “ That the Clerk of this Court make publication of this notice in the Union Advocate, a newspaper published in said county, for a meeting of the creditors on the 29th day of November, 1862, at my office in Auburn, to contest said discharge as prayed for, and that said publication be made for at least thirty days preceding said date/* etc. : held, that in effect this was to combine orders for the meeting of the creditors and to publish the notice to them, as required by sections five and eight of the Insolvent Act.</p> <p>Construction of Thirty-Sixth Section of Insolvent Act.—It is suggested, but not decided, because not necessary to the decision of the case, that the clause “ In case he [insolvent] should already have received the benefit of this Act during the next preceding year/* contained in the thirty-sixth section of the Insolvent Act, only applies to those parties the appraised value of whose property exhibited in the schedule does not amount to more than one third of their debts, and not to those who have “ no property to surrender** to the creditors.</p> <p>Rule of Construction of Statutes.—It is a rule of construction of statutes that some effect, if possible, must be given to every word, and certainly to every distinct provision of the Act.</p> <p>Jurisdictional Pacts in Insolvency Proceedings.—Where a petitioner in