In re Baird

On August 17, 1886, said insolvent filed in the superior court of San Benito County his petition and schedules praying to be discharged from his debts, as provided by the insolvent act of 1880. Thereafter, in due course of procedure, the creditors named in the schedules appeared, and on September 5, 1887, filed their written opposition to such discharge. The specified grounds of such opposition were: 1. The execution of a deed, dated August 10, 1886, by the insolvent, to Elsie Briggs, of a tract of land; 2. The statement in his schedules of -his indebtedness to one G. II. Briggs for a greater sum than he owed said Briggs. During the trial before a jury, against the insolvent’s objection and exception, the court permitted the creditors to amend the grounds of their opposition by adding a third, to wit: 3. That said insolvent, on August 10, 1886, made a fraudulent gift, transfer, and conveyance of personal property to said G. H. Briggs.

To this amendment the insolvent demurred and objected,— 1. Because the charge is not an amendment, but an original charge, and was not filed within the time permitted by law; 2. That the charge did not state facts sufficient to constitute grounds of…