Shirk, Trustees v. Davis, Rec.

Dudine, J. —

The Glenn Park State Bank was closed December 26, 1930, and on that date the Firemen’s Pension Fund of Gary, Indiana, had $6,625.43 on deposit in said bank.

This is an action instituted by appellants as Trustees of said Firemen’s Pension Fund against appellee, Frank H. Davis, Receiver of said bank, seeking to have their claim for said deposit declared a preferred claim.

The issues were formed by a complaint iff one paragraph and an answer in general denial. No questions are presented as to the complaint. It is not necessary that we discuss the complaint.

The cause was submitted to…