Smith v. Bennett

On October 11, 1926, the superintendent of banks issued an execution against Claude Smith as administrator of the estate of E. B. Smith, in the sum of $4,200, to enforce the liability of the defendant as a stockholder in the Bank of Palmetto, Georgia, which had failed in that year and was in process of liquidation. The defendant in fi. fa. filed an affidavit of illegality in which' he made the following allegations: “The defendant stockholder in said Bank of Palmetto has heretofore paid to said bank and to the depositors of said bank, through said bank, an amount equal to the face value of…