Kline

The following statement is taken from appellant’s brief as giving substantially about all of the conceded facts which are essential to a comprehension of the controversy:—

Appellant, Kowalsky, concedes that the judgment in the action No. 57,169, for $4,000, remains in full force and was final against Mrs. Perry; he also concedes that the $12,000 note was subject to the set-off of Mrs. Byrne, and he also concedes his liability for $2,000, and hence, if this were all of the case, it is clear that it was properly and finally determined that Kowalsky had no interest in the $12,000 note. But he claims that the further findings of the court in that action, that Mohr held this $12,000 note to secure the other notes above enumerated, and that when Mohr took them he had no notice of Kowalsky’s interest in the said security note, were not necessary findings in the case, and the court had no right to further find and decide as to these notes. It is hence urged that Kowalsky had the right to have his inter est litigated “in the surplus money received by virtue of the compromise after the judgment was entered in case No. 57,169,” and that this right “cannot be barred by the judgment in that…