Baker Iron Works v. Whipple

Upon January 10th certain creditors of one Whipple filed a petition asking that he be adjudged an insolvent debtor. It was asserted therein that Baily was one of the creditors, and as such creditor he made affidavit to the petition. Thereafter, January 14th, for reasons not apparent in the record, a second petition was filed, and a demurrer to this petition being sustained, an amended petition thereto was filed, and thereupon issue was joined and a trial had. Upon January 12th the claim of Baily was paid. The trial court acted upon the theory that the second and third petitions were amended…