Baker v. Everhart
California Supreme Court
Baker v. Everhart, 65 Cal. 27 (Cal. 1884)
2 P. 495; 1884 Cal. LEXIS 428
Baker v. Everhart
Opinion of the Court
The Superior Court did not have jurisdiction to make a decree discharging the alleged insolvents; the schedule was sworn to before a notary public, whereas section 4 of the Act of 1852 required it to be sworn to “ before the judge having jurisdiction,” etc.
The judgment is reversed and the cause is remanded, with instructions to render judgment for plaintiff on the findings.
Reference
- Full Case Name
- L. L. BAKER v. C. M. EVERHART
- Status
- Published
- Syllabus
- Insolvency—Schedule—Oath of Petitioneb—Jubisdiction.—In proceedings in insolvency the schedule filed by the petitioner must be sworn to before the judge of the court to which the application is made. If sworn to before a notary public the court has no jurisdiction to decree a discharge.