State Ex Rel. American Trust & Savings Bank v. Superior Court

This is a petition for a writ prohibiting the Superior Court of Vanderburgh County, and the Judge thereof, from proceeding further in an action pending in that court in which a creditor of the American Trust & Savings Bank seeks a judgment on behalf of himself and all other creditors of the bank, against its stockholders upon their constitutional liability.

The complaint in the court below, as well as the complaint here, alleges that the bank in question is in voluntary liquidation under supervision of the state banking department. That the bank commissioner caused an audit to be made and…