Pixton, State Bank Commissioner v. Perry, County Treas.

Seth Pixton, as state bank commissioner, brought this action against Heber W. Perry, personally and as county treasurer of Box Elder county, to recover from him certain bonds and stock certificates alleged to be assets of the Bank of Garland and to have been delivered to him by the bank without authority. The case was tried to the court, who made findings in favor of the defendant and rendered judgment accordingly, from which the commissioner appeals.

The appeal is on the judgment roll. The complaint made is that on the findings as made the commissioner was entitled to a judgment requiring the…