Pichulik v. Simpson

Nichols, Justice.

The plaintiffs filed the present action to have declared the defendant’s right to exercise an acceleration clause in a note executed by the plaintiffs held by the defendant, and secured by a deed to secure debt to realty. The defendant filed a counterclaim wherein she sought a money judgment for the principal amount due on the note, etc. The original petition sought a temporary restraining order enjoining the defendant from exercising the acceleration clause in the note. The trial court after hearing dismissed the temporary restraining order previously entered and it is from…