Rundquist v. O'LEARY

The opinion of the court was delivered by

Robb, J.:

This is an appeal from an order of the trial court sustaining defendants’ motion to quash an alternative writ of mandamus previously allowed. The writ required defendants to pay to plaintiff a thirty per cent dividend amounting to $59,174.03 or show cause for not complying.

Plaintiff, as county treasurer, had on deposit to his credit in the Smolan State Bank $197,246.78 of county funds prior to February 16, 1956, when that bank became insolvent and ceased to do business.

On February 21, 1956, G. W. Lindley was appointed receiver by R. B. Medlin,…