46 Cal. 575
Decided July 1, 1873
California Supreme Court · decided 1873-07-01
This action was brought to recover damages for injuries alleged to have been caused to a dwelling house by blasting upon a street adjoining it. The plaintiff obtained a judgment, and the defendant appealed. Before the time the appeal was taken, the appellant had been adjudged a bankrupt, all his property, debts, and credits having been assigned to his trustee in bankruptcy.
Good law ✅— No negative treatment on recordhow we know
Decided 1873-07-01
Cited by 3 later decisions — most recently February 1931
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →
¶1The bankruptcy of Dougherty, the appellant, though adjudicated before the taking of the appeal, will not prevent its prosecution in his name, nor will the respondent be heard to object on that ground. The appeal may be prosecuted in the name of the bankrupt, or in that of his assignee. (Code Civil Procedure, Sec. 385.) Besides, it is shown that the assignee is really conducting the appeal here, though in the name of the bankrupt.
¶2Motion denied.