Bennett v. Cox

The Exchange Bank of Dublin, Georgia, was taken in charge as an insolvent institution by the State superintendent of banks. An execution was issued against Mrs. M. B. Cox as owner of 32 shares of the capital stock of the bank, for $3200, based on alleged statutory liability to depositors and creditors of the bank. Mrs. Cox instituted an action against the superintendent of banks, to enjoin enforcement of the execution and to cancel it, on the grounds: (a) that neither at the time the execution was issued nor previously nor subsequently was she the owner of the 32 shares of the corporate…