Fletcher v. Bank of Meeker

IRWIN, Justice.

Plaintiff commenced an action to recover a money judgment against A. D. Coots and for the possession of certain cattle from Coots and the Bank of Meeker, hereinafter referred to as Bank. After summons were served and before answer date, all the cattle in controversy were sold at a public sale and the proceeds from the sale were deposited in the account of Coots at the Bank of Meeker. Thereafter, a default judgment was entered against Coots. On trial before a jury, Bank’s demurrer 'to plaintiff’s evidence was sustained and the action was dismissed against Bank. Plaintiff…