Byron State Bank v. Creek

The opinion of the court was delivered by

West, J.:

Plaintiff appeals from an order sustaining the defendant bank’s demurrer to its petition, “for want of facts.”

In substance the charge was that the plaintiff brought two separate actions before a justice of the peace, one against two brothers as partners and the other against one of them individually, and recovered a judgment against the partnership for $64.10 and one against the brother singly for $103 and another for $38.80, each with interest and costs. That the defendant was summoned as garnishee in the actions and answered that it had to…