Schloss v. His Creditors

Citations

• 31 Cal. 201

Syllabus

<p>Evidence and Proof.—Evidence includes the means by which any alleged matter of fact is established or disproved. Proof is the result or effect of the evidence.</p> <p>Making Proof.—As a general rule, where proof of a fact is required by a statute, and the nature or character of the evidence for the purpose is not specified, the only mode of making the proof is that prescribed by the common law rules of evidence.</p> <p>Proof of Publication of Notice to Creditors.—One of the exceptions to this rule is the proof of the publication of the notice to creditors in insolvent proceedings. The publication of such notice may be proved by affidavit.</p> <p>Losses by an alleged Insolvent.—Where the petition of an alleged insolvent states losses sustained by him in trade, and he fails, when made a witness on the stand, to explain how the alleged losses occurred, the inference is that the estimate of losses was not honestly made.</p> <p>Account Books of an alleged Insolvent.—It is the duty of an alleged insolvent, on or before the day appointed for the meeting of creditors, to deposit in the Clerk's office, for the inspection of his creditors, all the commercial or other books which he may have kept; and his failure to do so, or account for their loss, Aprima facie evidence of fraud to the injury of his creditors.</p> <p>Question of Law in an Insolvent Case.—Whether one claiming a discharge under the Insolvent Act, has strictly complied with its provisions, is a question of law for the Court, and not one of fact for the jury.</p>