State, Ex Rel. v. Superior Court of Marion County

Dissenting Opinion.

Martin, C. J.

The action here sought to be prohibited was brought against the Meyer-Kiser (state) Bank by creditors who seek to recover' $6,000, and to have a receiver appointed for the bank. They allege that the bank is insolvent; that it has $2,000,000 in deposits due creditors; that its assets are frozen and incapable of conversion into cash; that it is illegally conducting an insurance, real estate and safe deposit business to the loss of creditors; that the State Bank Commissioner has failed and refused to act except to release the assets to a liquidating committee of…