Biltrite Bldg. Co. v. Elliott

(dissenting) :

Being unable to concur in the opinion of Mr. Acting Associate Justice Cothran, I give hurriedly and briefly my reasons:

The sole question is: Are the defendants, the receivers, authorized to bring the action against the stockholders, under and by virtue of the Act of 1929, now Subdivision of Section 7855, Code of 1932?

That Act gives "any receiver appointed to liquidate the assets of any closed State bank” (italics added), the right to bring such action.

The language, I venture to think, is so plain that we need not resort to any rules of construction to ascertain its meaning.

Indeed…