Union State Bank v. Peoples State Bank

Respondents claim that the two plaintiffs cannot be heard to assert preferences for want of proper procedure.- One such claim expressly recited that it was filed as a preferred claim in the proceedings before the commissioner of banking, the other did not so expressly recite. *32Both such, however, were evidently treated as preferred claims and were rejected by the commissioner of banking expressly designating them as preferred claims. They were pleaded as such in the respective complaints and recognized as such by the answers. This contention, therefore, cannot be upheld.

If the trial court was…