Smith v. Goldsmith

'CAMPBELL, J.

The Commercial State Bank of Salem', S. D., having gone into the hands of the superintendent of banks of this state in April, 1924, for liquidation, and being then hopelessly insolvent, this action was thereafter instituted by said 'bank and by the superintendent of banks tO' enforce defendant’s liability as a stockholder under article 18, § 3, Constitution of South Dakota,' and section 8937, Code 1919. Findings ,conclusions and judgment were in favor of plaintiff superintendent of banks, and against the defendant, from which judgment and order denying new trial defendant appeals.