Midwest State Bank v. Struble

Appellant says in argument that it seems idle to cite authority on the proposition, because the court has so recently passed upon the questions presented. However, they cite Security Sav. Bank v. Hambright, 195 Iowa 1147. That case was tried out as an equitable action. In closing the opinion, the court said it was unable to understand on what theory the suit was brought and maintained as an equitable action; that it was a simple action for recovery upon a promissory note, — an action at law; that the defense neither pleaded nor tendered an equitable answer; that there was no evidence on the…