Miller v. Limon National Bank

Plaintiffs in error are hereinafter referred to as the board, and defendant in error as the bank. The latter brought this action under our Declaratory Judgments Act seeking a judicial determination of the duty of the boards to draw a voucher in favor of the bank for the return of money paid by it “by mistake and error” on an invalid certificate of purchase of state land. The cause was tried to the court on an agreed statement of facts and to review a judgment in favor of the bank the board brings error.

Prior to March 5,1917, it was the practice of the board, which was vested with authority to…