People ex rel. Gerberding v. Superior Court of S.F.

Citations

• 100 Cal. 105
• 34 P. 492
• 1893 Cal. LEXIS 757

Syllabus

<p>Banks—Insolvency—Bank Commissioners’ Act—Insolvent Act Superseded.—Section 11 of the Act of March 30, 1878, commonly known as the “Bank Commissioners’ Act ” (Stats. 1877-78, p. 740), as amended in 1887 (Stats. 1887, p. 90), was intended by the legislature to provide for every case involving the winding up of the business of any banking corporation, and supersedes the provisions of the Insolvent Act of 1880 so far as all banking corporations are concerned.</p> <p>Id.—Insolvency Proceedings—Writ oe Prohibition.—A writ of prohibition will be sustained to prevent the superior court from proceeding under the Insolvent Act upon petition of the creditors of an insolvent banking corporation for an adjudication of its insolvency.</p> <p>Id.—Constitutional Law—Jurisdiction of Superior Court—Special Legislation.—The “Bank Commissioners’ Act” is constitutional. It does not deprive the superior court of jurisdiction in matters of insolvency, nor grant to any. particular corporation any special or exclusive right, privilege, or immunity, and is not special or local legislation.</p> <p>Id. —Title of Act.—The title of the “ Bank Commissioners’ Act ” sufficiently expresses the subject of the act, and is sufficiently general in its scope. It is not necessary that the title to an act should embrace an abstract of its contents.</p>