Ellison v. Baird

This is an action to cancel ’and set aside a personal money judgment for $522.07 rendered by the district court of Burleigh county in this State, in favor of the defendant and against the plaintiffs. The defendant demurred to the complaint on the ground, among others, that it does not state facts sufficient to consth tute a cause of action, in this, that the plaintiffs .have a complete and adequate remedy by motion to vacate the judgment. The demurrer was sustained, and the plaintiffs have appealed.

The complaint alleges, in substance, that on November 29, 1924, the Scandinavian American Bank…