Bank of Stockham v. Alter

Holcomb, J..

A proceeding in. error has been instituted in this court by which it .is sought to reverse a judgment rendered in the district court for Hamilton county against plaintiffs in error, defendant and interveners in the trial court, and in favor of defendants in error, plaintiffs below. The action has heretofore been in this court for consideration. *361Alter v. Bank of Stockham, 51 Nebr., 797, and on rehearing under the same title, 53 Nebr., 223. A difference of opinion exists as to the nature of the action, plaintiffs insisting that it is an action in equity, and defendants that it is…