In Re Farmers Exchange Bank

The following opinion was filed May 18, 1943 :

Rosenberry, C. J.

(on motion for rehearing). The contention is made that the Banking Commission was entitled to appeal in this matter pursuant to the provisions of sec. 274.09 (1), Stats., the theory being that the court’s attention was not called to the amendment of sec. 274.09 (1) by ch. 541, Laws of 1935, which it is claimed changed the rule of the cases cited in the original opinion. This contention ignores many obvious considerations. Ever since the enactment of ch. 264, Laws of 1860, there has been a provision in our statutes providing in…