State ex rel. Driscoll v. Smith

This is a mandamus proceeding brought on April 14, 1925, by the state of South Dakota, Stmley county, Frank R. Strain, and Ralph B. Eldridge, as holders of certificates of indebtedness issued' by the depositors’ guaranty fund, commission to the depositors and exchange holders of the insolvent Stock Growers’ Bank of Ft. Pierre, to. compel the payment of said certificates out of the funds in the hands of the depositors’ guaranty fund commission. The trial court on May 14, 1923, made the alternative writ permanent and directed the payment of the certificates. The court found that the bank…