Public-domain · open source
OpenJurist

90 Cal. 207

In re Siering

California Supreme Court

Decided July 15, 1891

California Supreme Court · decided 1891-07-15

The appeal is from a decree settling the final account of Frank Locan, as assignee of the insolvent partners, Herman Siering and Robert Siering, doing business under the firm name of H. Siering & Co. The appellants describe themselves as creditors of the insolvents. Further facts are stated in the opinion of the court.

Decided 1891-07-15

Paterson, J.

¶1— There is nothing in the transcript to show that the appellants ever filed any claim against the insolvent debtors. The judgment recites that all the creditors of the insolvents who had filed claims, and the assignee, appeared at the hearing of the contest, and mutually agreed upon an adjustment and settlement of all matters of difference between them. If the appellants *208afterwards, by filing claims, acquired the right to move to set aside the judgment or to appeal therefrom, the record should show the facts. What occurred in the court below, subsequent to the entry of the judgment, should appear in the record. It cannot be shown by affidavit in the first instance in this court.

¶2The appeal is dismissed.

¶3McFarland, J., Harrison, J., Garoutte, J., Sharp-stein, J., De Haven, J., and Beatty, C. J., concurred.

¶4Rehearing denied.

/90/cal/207 · .json · Public domain