White v. Franklin

This case arose in the circuit court on the suit of Carl C. White, as state auditor, to recover certain moneys deposited in a banking institution of the state to the credit of the tax commission, which bank closed its doors pending the time between the deposit of the moneys and the date the tax commission and Lester C. Franklin, chairman thereof, were required by law to report the collection and pay same into the state treasury.

The first plea filed by the appellee Franklin in the lower court challenged the right of Carl C. White, as state auditor, to institute and prosecute this suit. A…