Fidelity State Bank v. Evans

The opinion of the court was delivered by

Johnston, C. J.:

In this action the appeal is taken by the plaintiff bank from a judgment rendered against it in favor of the defendant on two promissory notes. The judgment was rendered on the first cause of action on motion of the defendant for judgment on the pleadings, and a trial was had on the second cause of action before the court which found in favor of the defendant. Appellee challenges the right of appellant to be heard upon its appeal and moves to dismiss the appeal because the notice of appeal is irregular and does not follow the statute,…