In Re State Bank of Brashear

This is an action to have plaintiff’s claim of $500, established as a preference against the assets of the State Bank of Brashear now in the hands of the State Commissioner of Finance, said bank having closed its doors and turned over its assets to said commissioner on the 24th day of November, 3930.

The commissioner in due course of time allowed plaintiff’s claim against the bank as a common claim, and, thereupon, on July 27, 1931, plaintiff filed his petition in the circuit court praying for a preference.

A general demurrer was filed, based on tbe ground that the petition did not state facts…