¶1This is an appeal from an order denying a motion to set aside a decree of final discharge in insolvency. The motion was based upon the inadvertence, surprise, excusable neglect, etc., of the appellant. The disposition of motions of this kind rests largely in the discretion of the nisi prius court; and in this ease we see no such abuse of discretion as would warrant us in disturbing the ruling of the court below. Order affirmed.
2 Cal. Unrep. 852
Longnecker v. His Creditors
Decided March 21, 1888
California Supreme Court · decided 1888-03-21
Freer, Judge. W. R. Felter, one of the creditors of G. H. Longnecker, an insolvent debtor, filed in the superior court an opposition to the insolvent’s discharge, which opposition was demurred to. Felter’s attorney confessed the demurrer, and fifteen days were allowed in which to amend the opposition, but no amended opposition was filed within the time granted, and a default was entered, and the insolvent discharged.
Decided 1888-03-21