Wilder

In a verified answer to a petition of creditors to have him adjudicated a bankrupt, Ralph Wilder, appellant herein, denied in .one count, in accordance with Bankruptcy Form 6 (11 U.S.C.A. following section 53), “that he has committed the act of bankruptcy set forth in said petition,” “or that he is insolvent * * * ” and in another count pleaded facts which constitute an admission that he signed and delivered a written document which on its face constitutes an assignment of his assets for the benefit of his creditors. However, appellant claims that such assignment is void because secured through fraud and duress.

After the answer was filed, petitioners presented a motion to the trial court praying for the dismissal of the answer in - its entirety, and fortified the motion with detailed affidavits of fact concerning the financial condition of Wilder, and as to the *176 act of assignment. This motion was duly heard, both contending parties appearing and taking part in the argument. Thereafter the court granted the motion, dismissed the answer without leave to amend, and entered an order adjudging petitioner a bankrupt. The ruling was made after the matter had been under advisement…