State ex rel. Spillman v. Commercial State Bank

This is an appeal by intervener William J. Hotz from an order of the trial court dismissing both causes of action in his petition of intervention filed, in these proceedings on May 25, 1940, praying for an injunction, accounting, judgment, decree of set-off and other equitable relief. The injunctive feature is to restrain the enforcement of a judgment against intervener for bank stockholders’ liability (Luikart v. Heelan, 136 Neb. 492, 286 N. W. 780) until offset could be adjudicated on his two causes of action. After the filing of the petition of intervention, motions and demurrers filed by…