A. & T. Oil Co. v. Interstate Oil Corp.

• Appellants A. & T. Oil Company and Roy W. Burton and one C. F. Cather filed a petition in involuntary bankruptcy against *675 the Interstate Oil Corporation, a corporation. A motion to dismiss this petition was made by the Interstate Oil Corporation upon the ground, among others, that the petition did not state facts sufficient to constitute an act of bankruptcy, or to constitute the Interstate Oil Corporation a bankrupt. The court made the following order on October 5, 1931: “ * * * Said motion to dismiss petition is granted with ten days’ leave within which to file amended petition to clarify the word ‘insolvency’ appearing in the petition.”

An amended petition was filed as permitted by the order of October 5, 1931, and the amended petition was also dismissed on motion of the alleged bankrupt on April 18, 1932. Appellants petitioned for allowance of an appeal from the order of October 5, 1931, sustaining the motion to dismiss the original petition and also from the order of April 18, 1932. The petition for appeal from both orders was granted. Appellants assign as error the granting of the motion to dismiss the original petition and the granting of the motion to dismiss the…