Bond v. Commercial State Bank

The opinion of the court was delivered by

Hutchison, J.:

This action is one to recover a judgment for a preferred claim against the assets of a failed state bank in the hands of the receiver. The trial court made findings of fact and conclusions of law and rendered judgment for the plaintiff, from which the defendants appeal.

The assignments of error concern many matters, including the parties to the action, the nature of the cause of action, the pleadings, and conclusiveness of admissions of the defendants, the findings and conclusions, and the motion for a new trial.

The plaintiff was, in 1930,…