Weaver v. Zollman

The appellant, Lizzie Weaver, brought her action against one A. Jacob Giltner upon a promissory note made by him to one Philip Zollman, who, it was alleged in the complaint, on the 6th of October, 1888, “ by indorsement in writing on the back of said note, * * * ■ assigned said note to plaintiff for value received.”

Section 273, R. S. 1881, provides: “A defendant against whom an action is pending upon a contract, or for specific real or personal property, may, at any time before answer, upon affidavit that a' person not a party to the action, and without collusion with him, makes against him a…