State Ex Rel. First National Bank v. Village of Botkins

Counsel in their briefs and in oral argument have discussed many questions of fact and law. We think that the record presents a three-fold barrier to relator’s right to the relief for which it prays.

First. Has the relator a plain and adequate remedy at law¶

The record makes abundantly clear without contradiction that relator is the owner and holder of 14 anticipatory notes of $1,000 each, dated November 15? 1940, due and payable on May 15,1941, bearing interest at the rate of 4% per annum until paid, and that the notes are past due and unpaid.

Relator has filed no action to recover upon the…