Mogk v. Peterson

Citations

• 75 Cal. 496
• 17 P. 446
• 1888 Cal. LEXIS 569

Syllabus

<p>Appeal — Insufficiency of Evidence—Time.—In order to present the question of the insufficiency of the evidence upon an appeal from the judgment, the appeal must be taken within sixty days from the rendition of the judgment.</p> <p>Insolvency — Assignment—Exempt Property.—Property which is exempt from execution does not pass by the statutory assignment to the assignee.</p> <p>Id. — Petition. — Where there is not a total absence of averment, but only an insufficiency in the mode of statement, the objection cannot be made on a collateral attack.</p> <p>Id. —Bond. —If the creditors make no objection to a defective bond, a debtor of the insolvent cannot raise the question in an action by the assignee upon such debt. Instance of the construction of an assignment.</p>