Foster v. Stewart

The opinion of the court was delivered by

Marshall, J.:

By this action, the plaintiffs, F. H. Foster, as state bank commissioner, and B. V. Curry, as receiver of the Citizens State Bank of Harper, seek to compel the defendant to deliver to the receiver certain papers and documents, described as notes and guaranties, in the hands of the defendant as president of the bank and belonging to it at the time the receiver took possession of it and of its assets. An.alternative writ of mandamus has been issued.

The defendant has filed a motion to quash the alternative writ on the ground that it does not…