Kreipe v. Commercial National Bank

The opinion of the court was delivered by

Dawson, J.

In this original proceeding in mandamus, the plaintiff receiver of the Halls Summit State Bank, an insolvent institution, seeks to compel the defendant to pay to him the sum of $4,257 on deposit with the defendant to the credit of the insolvent bank’s checking account.

The defendant moves to quash the alternative writ on the ground that the plaintiff has a plain and adequate remedy in the ordinary course of the law.

It need not be elaborated here that mandamus is one of the extraordinary and prerogative writs which can only be invoked where the *911…