Oss v. Depositors' Guaranty Fund Commission

This is a mandamus proceeding to compel the Depositors’ Guaranty Fund- Commission to pay to the depositors of the failed Bank of Herrick the amount of their deposits. Involved in the proceeding are the construction and interpretation of chapter 99, Laws 1925 (S. B. 165) and chapter 100, Laws 1925 (S. B. 269).

One of the grounds upon which defendants move to quash the order to show cause is that this is not a cause of which this court should take original jurisdiction. The reasons therefor are thus stated in the motion to quash:

“That no facts sufficient to call into exercise the original…