State Ex Rel. Smith v. McConnell

Broadly speaking the bill seeks a recovery against McConnell, Superintendent of Banks, and the surety on his official bond, for nonfeasance in office alleged to have resulted in pecuniary loss to complainants.

The bill was seasonably demurred to, but the case was not set for hearing by complainants at the first term subsequent to that at which the demurrers were interposed.

A motion was filed by defendants to dismiss the suit because the demurrer was not set for hearing at the first term.

Pending the hearing of said motion, the complainants made a motion to be permitted to dismiss their bill…