Gormley v. Walton

Gilbert, Justice.

The superintendent of banks of the State levied an assessment and issued a fi. fa. against a stockholder in an insolvent bank under sec. 20 of art. 7 of the act approved August 16, 1919. The stockholder filed an affidavit of illegality, attacking the law under which the assessment was made, on the ground that it was in conflict with art. 1, sec. 1, par. 3, of the constitution of Georgia, which provides that “No person shall be deprived of life, liberty, or property, except by due process of law.” The plaintiff moved to dismiss the affidavit of illegality. The court overruled…