In re Visalia City Water Co.

This appeal involves the validity of an order of the superior court declaring the Visalia City Water Company, a corporation, an insolvent debtor. The proceeding was-inaugurated by the creditors of the corporation, and the petition was filed February 8, 3896. Upon its face it appeared to have been verified by three creditors at Los Angeles February 6, 1896> and by two creditors in the county of Tulare upon February 7, 1896. When the petition was filed the court made an order that, the alleged insolvent show cause upon February 14th why it should not be declared an insolvent debtor. Upon the day set for the hearing of the order to show cause, it was developed by the evidence that, at the time the petition was verified by the-three Los Angeles creditors, neither the names nor the claims of the Tulare county creditors, who thereafter verified the petition, were set out in the petition, and that the allegations of the petition as to the Tulare county creditors were placed therein after the verification by the Los Angeles creditors. The foregoing facts having appeared, the court made an order allowing the petitioning creditors to file an amended petition. The amended petition as filed…