Rankin v. Eppler

The opinion of the court was delivered by

Burch, J.:

The action was one to require surrender of satisfied promissory notes, to enjoin their transfer, and to enjoin the bringing and prosecution of vexatious suits founded on them. A demurrer to the petition was overruled, and the defendant appeals.

There were ten of the notes. In March, 1916, they were all satisfied, by means which need not be stated, but the defendant refused to surrender them. In June, 1918, the defendant brought suit on one of the notes, and then suffered a dismissal for want of prosecution. In October, 1918, the defendant sued…