Silver State Building & Loan Ass'n v. Austin

The defendants in error, Mr. and Mrs. Austin, as plaintiffs in the district court, sued the plaintiff in error the Silver State Building & Loan Association on a written instrument. They moved for judgment on the pleadings and a judgment was thereupon entered in their favor. That judgment is before us for review.

1. At the outset we are confronted by a question arising on a motion to strike out certain portions of the association’s answer.

It has been consistently contended by the association, both in the district court and here, that the Austins are members of the association and not creditors…