State Ex Rel. Fulton v. Coburn

In these two cases the ultimate facts are substantially in accord. In each case plaintiff, the Superintendent of Banks, is attempting to collect from the defendant executor superadded liability assessed on the holders of bank stock by reason of the liquidation of The Ohio Valley Bank of Portsmouth, Ohio. The date of the assessment occurred prior to the amendment of the Constitution (Article XIII, Section 3) abolishing double liability on bank stock in Ohio.

Keeping in mind that we have two actions for collection of the same claim, one, No. 26448, first filed in the Court of Common Pleas, and…