Wagner v. Superior Court of L.A. Cty.

Citations

• 100 Cal. 359
• 34 P. 820
• 1893 Cal. LEXIS 799

Syllabus

<p>Insolvency—Effect of Final Discharge—Jurisdiction—Examination —Prohibition.—After the final discharge of an insolvent debtor the insolvency proceeding is ended as to him, and so long as the discharge remains effective the court is without jurisdiction ov.er his person, and is without authority to proceed under section 47 of the Insolvent Act and to examine him for the purpose of ascertaining whether or not all the property of his estate had come into the hands of the assignee, or to examine any other person against whom no citation had been issued under section 24 of that act; and such examination will be prevented by writ of prohibition.</p> <p>Id.—Restoration of Jurisdiction—Application of Creditor to Annul Discharge—Order to Show Cause.—The jurisdiction of the oourt over the person of the insolvent after his discharge can only be restored by an application of some creditor to set aside and annul the discharge, as provided by section 53 of the Insolvent Act; and the court will not be prevented by writ of prohibition from citing the insolvent to show cause why the order of discharge should not be vacated upon petition of a creditor, upon the ground of alleged fraud in obtaining it.</p>