Wilhoit v. Cundiff

Opinion op the Court by

Judge Cammack —

Affirming.

This case involves the question of whether or not the appellee, E. L. Cundiff, former sheriff of Casey County, deposited^ $745.73 in his tax account in the now defunct Commercial Bank at Liberty on October 26, 1939. Nine members of the jury found in favor of Cundiff; hence this appeal.

Reversal is urged upon the grounds that (1) the court erred in overruling the bank liquidator’s motion to transfer the case to the equity docket; and (2) the verdict is not sustained by the evidence and is flagrantly against it and the appellant’s motion for a…