Elm Creek State Bank v. Department of Banking

I concur in the result reached in this case. However, I do not agree that in all cases the Director of Banking is required to prove the bank is insolvent before proceedings under section 8-195, R. R. S. 1943, may be dismissed.

The banking laws of this state provide for administrative as distinguished from judicial liquidation of insolvent state banks. See Farmers State Bank v. Luikart, 131 Neb. 692, 269 N. W. 627.

Here the director had taken possession of the bank and had filed a declaration of insolvency. There was a presumption the action of the director was valid. In an action under section…