Schnurr v. Brazelton

Donegan, I.

-At the outset, we are confronted by a motion of the appellees to dismiss the appeal in this case. To a proper understanding of this motion it is necessary that we set out some of the facts.

On April 15, 1933, the plaintiff filed his petition at law in which he alleged that the defendants had been engaged in conducting a banking business in the town of Ankeny, Polk county, Iowa, under the name of “Bank of Ankeny”, that they had at various times received deposits of money belonging to the plaintiff, and that there was at that time due and remaining unpaid to plaintiff in the said…