Legal Opinion

State v. Farmers State Bank

Nebraska Supreme Court

Decided February 15, 1919No. 20821PublishedCited by 23 opinions

Appeal from the district court for Burt county: Alexander C. Troup, Judge. In June, 1916, the Farmers State Bank of Decatur was declared insolvent, and, upon the application of the state by the attorney general, was placed in the hands of a receiver.

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Appeal from the district court for Burt county: Alexander C. Troup, Judge. In June, 1916, the Farmers State Bank of Decatur was declared insolvent, and, upon the application of the state by the attorney general, was placed in the hands of a receiver. In 1915, Frank lams deposited certain sums of money with this bank, and received certificates of deposit aggregating $12,000. A judgment was rendered for said sum with interest, but the transaction was also held to be a loan, and not entitled to be paid from the bank guaranty fund. lams v. Farmers State Bank, 101 Neb. 778. A petition in…

1Opinion of the CourtLetton, J.

Although many matters not relevant to the real issues in the case, nor within, the record, were presented at the oral argument, and are contained in the briefs, the determining questions presented by the record are few.

In the first place the contention of the appellee that a. statutory petition in intervention must be filed before trial must be conceded. But there are two kinds of intervention — that provided by section 7609, Rev. St. 1913, which, we have decided in common with the courts, of other states having like provisions, is a matter of right, and which requires no leave to be granted…

2Cases cited2 opinions

  1. United States Trust Co. v. Chicago Terminal Transfer R.Court of Appeals for the Seventh Circuit · 1911
  2. Buffalo County v. Kearney CountyNebraska Supreme Court · 1909

3Cited by23 opinions

  1. Kirchner v. GastNebraska Supreme Court · 1959
  2. Bamforth v. IhmsenWyoming Supreme Court · 1922
  3. Smithberger v. BanningNebraska Supreme Court · 1936
  4. Kitchen Bros. Hotel v. Omaha Safe Deposit Co.Nebraska Supreme Court · 1934
  5. Caldwell v. Guardian Trust Co.Court of Appeals for the Eighth Circuit · 1928

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