King

The appellees, John O. King and Helene W. King, are husband and wife. A petition in involuntary bankruptcy was filed against the husband and another against the wife. Both petitions were contested upon the ground, among others, that the petition- . ers were not creditors. On December 24, 1934, after trial of the issues, the court entered an order refusing adjudication and *799 dismissing the involuntary petition. A motion for rehearing was made and denied March 22, 1935. An appeal was taken from the judgment of December 24, 1934, and from the order of March 22, 1935.

The judgment was based upon the finding that some of those who petitioned as creditors were not in fact such. It will be necessary to state in some detail the situation with reference to the petitioning creditors in order to understand the contention advanced by the appellants.

The petition in involuntary bankruptcy against the husband was filed September 1, 1932. The three creditors who joined in the petition were the Western Hardwood Lumber Company, the Hammond Lumber Company, and the E. K. Wood Lumber Company, all corporations. The petition against the wife was filed on the same day by the Western Hardwood Lumber…