No. 8,341.
Department One
April 8, 1885.
Insolvency—Discharge of Debts Contracted Prior to Passage of Act.— A debt contracted prior to the passage of the insolvent act of 1880 may he discharged thereunder.
Id.—Notice to Creditors—Service btMau,.—Under section 7 of the act, a copy of the order for the meeting of creditors may he served hy mail on creditors residing in the place where the insolvency proceedings are instituted.
Appeal from an order of the Superior Court of Monterey County refusing a new trial.
The action was brought to recover on a promissory note executed and delivered by the defendant to the plaintiff on May 8, 1878. On November 6, 1880, the defendant filed a petition in insolvency, under the insolvency act of 1880, which culminated in granting him a discharge from his debts on March 14, 1881. In the insolvency proceedings, the order of the court adjudging the defendant an insolvent, and appointing a time and place for the meeting of creditors, etc., was served on the plaintiff through the mail. The plaintiff was at the time of service a resident of Salinas City, the county seat of Monterey County, where the insolvency proceedings were instituted.
Wm. H. Webb, for Appellant.
Section 7 of the insolvent act of 1880, authorizing a service of the notice to creditors either by mail or personally, should be construed that if the creditor is a non-resident he may be served by mail; otherwise, the service must be personal.
N. A. Dorn, and W. M. R. Parker, for Respondent.
1. Defendant could be discharged, under the insolvent act of 1880, from a debt contracted in 1878. (Hundley v. Chaney, 65 Cal. 363.)
2. The act of 1880, p. 83, § 7, authorizes a service by mail or personally. Either form of service is sufficient.
Orders affirmed.
66 Cal. 574
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