Morton v. National Bank

There are two matters sought to be considered in this cause. One is to obtain a writ of mandamus to review the decree of the trial court dated August 1, 1953, adjudging that the pleas filed to the bill of complaint in equity are insufficient. The other matter is raised by an appeal from a decree of the court dated November 6, 1953, as amended November 19, 1953, overruling demurrer to the bill and to each and every aspect of it.

We will first consider the petition for mandamus.

Petitioners’ brief states that the plea which they urge was sufficient, and as to which the court erred in holding was…