Gormley v. Moore

Jenkins, E. J.

1. In a former trial of this suit of the State superintendent of banks against a subscriber to the capital stock of a bank, to recover an unpaid balance on the stock subscription, the trial court directed a verdict for the plaintiff, and the superior court, in sustaining the defendant’s certiorari, rendered a filial judgment in his favor. This court held that, while it was error not to remand the case for a retrial, the certiorari was properly sustained because issues of fact were raised by the evidence, which rendered it error to direct a verdict for the plaintiff. Davis v.…