Montgomery v. City of Athens

THOMAS, Justice.

The case in equity was upon an agreed statement of facts and the pleadings.

The bill in equity against the superintendent of banks, liquidating the affairs of the Farmers’ & Merchants’ Bank of Athens, Ala., sought a preference for municipal funds deposited in that insolvent hank.

The agreed statement of facts shows that the several deposits were made in due course by the treasurer of the city with the hank, and that they were of three classes: (1) “General fund of the c-ity”; (2) “special tax fund of the city”; and (3) those funds collected under several ordinances designated as…