Board of County Commissioners v. Horace State Bank

The opinion of the court was delivered by

Burch, J.:

The action was one by a board of county commissioners as a depositor in a failed bánk, against the receiver of the bank. A demurrer to the petition was sustained, and plaintiff appeals. The demurrer was sustained because of noncompliance with R. S. 1930 Supp. 9-130, which reads:

“All claims of depositors and other creditors must be filed with the receiver within one year after the date of his appointment, and if not so filed such claims shall be barred from participation in the estate of such bank.”

The county owed the Road Supply and Metal…