First National Bank v. Carson

Irvine, C.

This case was before the court on a former occasion, Avilen a judgment in favor-of the defendant was reversed. (First Nat. Bank of Madison v. Carson, 30 Neb., 104.) The essential facts may be ascertained by reference to the former opinion. After the case was remanded to the district court the plaintiff obtained leave to withdraw its reply and thereupon filed a motion to strike out from the answer not only that portion thereof affirmatively pleading’ forgery, but also the general denial in so far as it put in issue the execution of the note sued on. The court sustained the motion in…