Butler v. Mobley

1. In paragraph 1 of the affidavit of illegality it is contended that' the execution was void, because issued upon an assessment made by W. J. Davis as general agent of the superintendent of banks, rather than by the superintendent. The notice of the assessment in this case was signed, “T. R. Bennett, Superintendent of Banks, by W. J. Davis, General Agent,” etc. The notice imports that the assessment was made by the superintendent. The recitals contained in the execution subsequently issued import that they were made by the superintendent. The execution was signed, “A. B. Mobley,…