Futrell v. Miller

BELL, District Judge.

This is an action by E. B. Futrell, appellant, as Receiver of a closed national bank, against Max D. Miller, individually, and as Administrator of the estate of T. C. Conner, deceased, and the heirs at law of said deceased to recover an assessment on the capital stock of the bank. The defendants moved to dismiss on the ground that the facts alleged did not constitute a cause of action. The motion was sustained as to Miller individually and as Administrator but denied as to the heirs. This appeal was taken from an order of the court sustaining the motion as to Miller…