Bank of Stockham v. Bernhard-Weins

Opinion of the court by

Hainer, J.:

This action was commenced in the district court of Grant county, Oklahoma, on October 8, 1901, by the plaintiff in error, the Bank of Stockham, against Bernhard Weins. The amended petition contains two causes of action: but at the trial of said canse the plaintiff dismissed its second cause of action. The material averments in plaintiff’s first cause of action, in its amended petition, are as follows:

That on May 11, 1899, the district court of Hamilton county, in the state of Nebraska, in an action then and there pending, wherein Isaac R. Alter and Herbert H.…