Odland v. Hamrick

LovinSj Judge:

This action was instituted by notice of motion for judgment against a maker and three indorsers of a promissory negotiable note. The trial court, a jury having been waived, heard the evidence, found that plaintiff did not own the note at the time the action was commenced, and that he had no property therein at the time of the trial sufficient to authorize a judgment in his favor, continued this action as to two defendants, entered a judgment of nil 'capiat as to the other two defendants, and adjudged that the latter recover costs. This writ of error was granted to review that…