O'Neill v. Reynolds

Citations

• 116 Cal. 264
• 48 P. 57
• 1897 Cal. LEXIS 535

Syllabus

<p>Insolvency—Election of Assignee—Statutory Construction.—The true construction of section 19 of the Insolvent Act is that the majority in amount of claims entitled to vote shall prevail in the election of an assignee.</p> <p>Id.—Erroneous Appointment of Assignee—Failure oe Elected Assignee to Qualify—Mandamus. —Where the court has erroneously appointed the sheriff as assignee, upon an improper assumption of failure to elect an assignee, but the elected assignee has not qualified, mandamus is not the proper remedy to set aside the improper appointment, or to command the court to admit the elected assignee to office conditionally upon his qualifying by giving bond and taking the oath.</p>