In re the Insolvency of Wolfe

This is an appeal from an order vacating an order discharging the appellant in insolvency.

The appellant filed his petition for a discharge, and gave the necessary notice to creditors of the time set for hearing. The petition for discharge was filed February 15, 1886,'and the time for hearing fixed for the 22d of March, 1886. Between the time of filing the petition and the time fixed for the hearing a stipulation was entered into to the effect that the matter go off of the calendar, to be reinstated and set for hearing upon stipula *653 tion or by notice by the attorney for the petitioner, and it was so ordered by the court.

Without having the matter reset, or giving any notice, the petitioner came in, and on the seventeenth day of September following, procured an order for his discharge.

These facts were shown on the motion to vacate the order of discharge, and it was also shown that the petitioner had fraudulently omitted certain items of property from his inventory by reason of which it was claimed that he was not entitled to his discharge. As to these charges of fraud, there was evidence on the part of the petitioner tending to show that the same were not true, but upon…