gno.law

Baker v. Everhart

California Supreme Court · No. 9,128 · 1884-02-04 · Published · 65 Cal. 27 · 2 P. 495 · 1884 Cal. LEXIS 428

L. L. BAKER v. C. M. EVERHART

Area
civil

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

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.