In re Bowman

This is an appeal by certain creditors of the insolvent debtor, Bowman, from a judgment granting him a discharge in insolvency, and from an order denying their motion for a new trial of the issues raised by their opposition to his petition for a discharge.

The first point made by appellants is, that the petitioner falsely claimed that he was a teamster, and thereby secured property to which he was not entitled, he being at the time the petition was filed a blacksmith. The petition alleged that petitioner had, “ since the first day of January, 1885, been engaged in the business of teaming,” and the opposition filed by the creditors admitted that he was' a teamster. At the trial, counsel for the creditors proposed to amend the opposition so as to aver that Bowman was a blacksmith, and counsel for insolvent stated he had no objections to such an amendment; but no such amendment was made. It is unnecessary, therefore, to review the evidence bearing upon the question whether Bowman was a teamster or a blacksmith. A finding of the court was unnecessary, because not within the issues.

It is claimed, also, that Bowman fraudulently claimed certain property as exempt which was not exempt;…