Widber v. Superior Court

Citations

• 94 Cal. 430
• 29 P. 870
• 1892 Cal. LEXIS 703

Syllabus

<p>Writ of Error — Appealable Order — Adjudication in Insolvency.— An order granting or refusing an adjudication in insolvency is an appeal-able order, and therefore a writ of error will not lie.</p> <p>Id. —Nature of Writ of Error — New Suit — Service of Citation. — A writ of error is not in the nature of a writ of review, but is a new and original suit, in which original process is issued, which must be served upon the defendants in error, and which can only affect parties or strangers from the service of the citation.</p> <p>Insolvency — Election of Assignee—Vote by Creditor Secured in Part. — A claim against an insolvent debtor, which is secured only in part, may he voted as to the unsecured portion at the election of the assignee.</p>