Majority
p. 310[No. 14913. Department Two. October 4, 1892.] In the Matter of H. WIERBITZKY & CO., Insolvent Debtors.
Headnote
Insolvency — Refusal to Dismiss Proceedings — Non-appealable Order — Dismissal of Appeal. — An order denying a motion to dismiss insolvency proceedings, made by a creditor of the insolvent after the adjudication of insolvency, is not appealable, and an appeal therefrom will be dismissed.Motion to dismiss an appeal from an order of the Superior Court of the city and county of San Francisco refusing to dismiss proceedings in insolvency.
The facts are stated in the opinion of the court.
G. H. Perry, for Appellant.
Pierson & Mitchell, for Respondent.
— The firm of H. Wierbitzky & Co., and the individuals composing it, were, upon the petition of one of the members of the firm, adjudicated insolvent debtors. After such adjudication, one of the alleged creditors moved to dismiss the insolvency proceedings, on various grounds. The motion was denied, and from the order denying the motion this appeal is taken.
The order is not appealable.
Appeal dismissed.