Mewes v. Home Bank of De Witt
| Decision Date | 11 March 1918 |
| Docket Number | (No. 214.) |
| Citation | 201 S.W. 1106 |
| Parties | MEWES et al. v. HOME BANK OF DE WITT et al. |
| Court | Arkansas Supreme Court |
Suit by Fredericka Mewes and others against the Home Bank of De Witt and another. Judgment for defendants, and plaintiffs appeal. Affirmed.
This is the second appeal of this case. See 116 Ark. 155, 172 S. W. 853. The suit was instituted by Fredericka Mewes, the widow, and certain heirs of J. J. Mewes, deceased, against M. J. F. Mewes and the Home Bank of De Witt for the purpose of having M. J. F. Mewes account to them and to recover of him the dower interest of the widow and the interest of the heirs in the funds consisting of $6,600 which were on deposit in the Home Bank of De Witt to the credit of M. J. F. Mewes.
The complaint set forth the facts which show, as appellant claims, that the funds were the property of the estate of J. J. Mewes, deceased. They prayed that a decree be entered declaring that the sum of $6,600 is a part of the J. J. Mewes, deceased, estate, that M. J. F. Mewes be required to pay into the court, for the purposes of distribution, this sum which he had appropriated to his own use, and that they have judgment against him for their proportionate amounts as their respective interests might appear.
Issue was joined on the complaint, and the testimony of witnesses taken. While these proceedings were pending a temporary restraining order was issued enjoining the bank from paying out any money deposited by M. J. F. Mewes "until the further orders of the court."
Upon the trial the chancellor entered a decree dismissing the complaint for the want of equity and dissolving the temporary injunction. From that decree an appeal was prayed, and was granted by the clerk of this court a year after the decree was entered. This court reversed the decree of the lower court after reviewing the issues raised by the pleadings and the testimony adduced in support of the contention of the respective parties. We stated in the opinion as follows:
"Our conclusion therefrom on the evidence is that the $6,600.00 deposited with the Home Bank of De Witt is the property of the estate of J. J. Mewes, deceased, and that the court erred in dismissing the appellants' complaint for want of equity."
The decree was reversed, and the cause remanded, with directions to grant appellants' prayer for an injunction against appellee bank and for further proceedings not inconsistent with the opinion.
The mandate from this court directed that the decree of the chancery court be annulled, and that the appellants' prayer for injunction against the appellee Home Bank of De Witt be granted, and that further proceedings be had in accordance with the opinion of this court. After the mandate was filed in the lower court C. T. Frick, administrator of the estate of J. J. Mewes, deceased, was made a party. The complaint asked for judgment on the mandate against the defendants and specifically against the Home Bank of De Witt (appellee). They prayed in their motion that the original complaint be amended "so as to allege that the $6,600 mentioned in the complaint as deposited in the Home Bank of De Witt was the property of J. J. Mewes at the time of his death," et cetera.
The Home Bank of De Witt in its response to the motion for judgment on the mandate set up, among other things, the following:
"At the beginning of this suit the appellee was temporarily restrained from paying over to the codefendant, M. J. F. Mewes, the sum of $6,600, which was deposited by said Mewes in the bank; that it was a banking corporation, and that the deposit was a general deposit; that afterwards, upon a hearing of the cause by the chancery court, the temporary restraining order was dissolved, and that after the dissolution of said restraining order the appellee paid the money out either to said M. J. F. Mewes or upon his order; that it...
To continue reading
Request your trial