First National Bank v. Smith

The opinion of the court was delivered by

Wedell, J.:

This was an action to set aside a deed alleged to have been made to defraud creditors.

Defendants’ general demurrer to the amended petition was sustained and from that ruling plaintiff appeals. Before we determine the correctness of that ruling we shall first dispose of a preliminary question raised by appellees. They contend the appeal should be dismissed. The action had been dismissed by the trial court prior to notice of appeal without prejudice by reason of appellant’s failure to file its second amended petition within the time allowed.…