Bank of Maywood v. Estate of McAllister

The bank, party hereto, commenced an action in the connty court of Lincoln county to enforce the collection of an amount alleged to be its due on a promissory note signed by E. E. Reese and J. L. McAllister. The latter had died prior to the institution of the action and service of a summons was made on the administratrix of his estate, who appeared and challenged th'e jurisdiction of the court on the grounds that she was not of the parties to the suit, and no action would lie against her. At the *189lime set for the trial of the cause there was for the bank, by leave of the court, a dismissal of…