State Banking Board v. Smyth

McCLENDON, c. J.

Appeal from an interlocutory order restraining the members of the state banking board and the state treasurer “from paying out to any bank, corporation, partnership, association, or any individuals, any of the depositors’ guaranty fund now in possession and control of the state banking board of the state of Texas, or any of said funds in the hands of the state treasurer of the state of Texas, until the final disposition of this suit, or until the further orders of this court herein.”

The injunction was granted ex parte upon the allegations of the petition alone, and without…