Merchants & Manufacturers State Bank v. Dyste

Lees, C.

The commissioner of banks petitioned the district court of Henne-pin county to levy an assessment against the stockholders of an insolvent state bank. The court entered an order directing service of notice of the hearing to be made on resident stockholders in the same manner as a summons in a civil action, and on nonresident stockholders by registered mail, and that the notice be published.

The appellants appeared specially and moved that the service be set aside and the petition dismissed for three reasons: (1) That the notice had not been served on all the stockholders in the manner…