Herl v. State Bank of Parsons

Upon the facts in this case which the court must consider, the bank, as a wrongdoer, has become involved in litigation and comes out smelling like a rose. New law has been written by the court to favor the wrongdoer.

The trial court in ruling upon the motion for summary judgment found that it should be sustained “on the ground and for the rea*42sons that the issues presented by plaintiff’s petition are res adjudicaba” and thereupon sustained the motion.

Ry their petition (under what is denominated their first cause of action) the appellants alleged that on May 5, 1961, they mortgaged livestock to…