Simmons & Kell v. Freeman

1. Where a national bank has been declared insolvent and placed in the hands of a receiver by the comptroller of currency of the United States, who duly makes an assessment against stockholders under U. S. Rev. Stat. §§ 5151, 5234 (Fed. Stat. Ann. 105, 170), on the basis of the capital stock in the bank held by them, the stockholders can not collaterally attack the order making the assessment. Cadle v. Baker, 20 Wall. 650 (22 L. ed. 448); Bolles’ Nat. Bank Act Ann. (4th ed.) 169, § 57; O’Connor v. Witherby, 111 Cal. 523 (44 Pac. 227).(a) Accordingly, in an action by a receiver of a national…