Sioux Falls Trust & Savings Bank v. Homer W. Johnson Co.

ELLIOTT, District Judge.

I have reviewed the record in re Sioux Palls Trust & Savings Bank and Pred R. Smith, as Superintendent, etc., Plaintiffs, v. Homer W. Johnson Co. et al., Defendants.

The first question that is presented is the objection by counsel for defendants to this proceeding in equity, urging that the case should be and is one at law. The authorities seem to recognize two methods of procedure in this class of eases. Ordinarily an action brought by the officer in charge of a bank for purposes of liquidation is to recover back notes or other property of the bank that has been given…