Walz v. State Bank of Greenwald

Gallagher, Chief Justice.

In an action by A. Walz to recover $3,000 and interest from defendant bank, tried in the district court for Stearns county in January 1935 before the Honorable Carroll A. Nye without a jury, both plaintiff and the presiding judge died before decision of the case. By order of court, dated November 8, 1939, Anna Walz, as executrix of plaintiff’s estate, was substituted as plaintiff in his stead, and thereafter, pursuant to stipulation, the case was submitted to the Honorable D. M. Cameron for decision on the transcript, exhibits, briefs, and arguments of counsel.…