Madison v. Piper

Citations

• 6 Idaho 137
• 53 P. 395
• 1898 Ida. LEXIS 36

Syllabus

<p>Certiorari — Who mat Make Application. — Under the provisions of section 4963 of the Revised Statutes, the application for a writ of review must be made by the party beneficially interested.</p> <p>Insolvency — Jurisdiction.—An insolvent against whom an order is made is the party beneficially interested in this ease, and may make application for a writ of review, for the purpose of reviewing an order which the judge had no jurisdiction to make.</p> <p>Petition the Complaint. — Verification.—The petition for a writ of review is the complaint and must be made on affidavit. The verification may be made by the attorney for the petitioner if such attorney knows all of the facts set up in the petition, and so states in the affidavit.</p> <p>Insolvent Debtor — Cannot be Required to Account for Unpre-sented Claim. — A creditor of an insolvent debtor, whose claim was secured by mortgage, and had not been presented, proved and allowed in the insolvency proceeding, made application to have the debtor examined, on oath, in relation to a part of the property included in said mortgage. Thereupon a citation was issued and the debtor was examined, and the judge found that the debtor had disposed of a part of said property, and ordered the debtor to account to the mortgagee for the same. Reid, that the judge had no jurisdiction to make such order.</p> <p>(Syllabus by the court.)</p>