Brock v. Gormley

I concur in all except what is said in paragraph 2 of the syllabus and the opinion. I do not concur in the proposition that the assessment against the stockholder of the defunct bank, made by the superintendent of banks as provided by the banking act, takes the place of an ordinary judgment as respects the so-called affidavit of illegality filed pursuant to the act by which the stockholder is permitted to defend against the assessment. The filing of the affidavit of illegality has the effect of converting the proceedings into an ordinary common-law suit, wherein the assessment and the…