STATE ex rel. FREELING v. HARMON

STATE ex rel. FREELING v. HARMON
1922 OK 101
206 P. 539
86 Okla. 78
Case Number: 13038
Decided: 03/21/1922
Supreme Court of Oklahoma

STATE ex rel. FREELING, Atty. Gen.,
v.
HARMON.

Syllabus

¶0 Banks and Banking--Jurisdiction of Insolvent State Banks.
Reversed and rendered upon the authority of State of Oklahoma ex rel. George F. Short, Attorney General, v. John Norman, Judge of the Twenty-Second Judicial District, 86 Okla. 36, 206 P. 522.

Error from District Court, Okmulgee County; John Norman, Judge.

Action by the State, on relation of the Attorney General, against W. J. Harmon to enforce liability of stockholder in failed bank. From order of district court appointing receiver and enjoining action of State Bank Commissioner, the State brings error. Reversed.

MILLER, ELTING, and KENNAMER, JJ., dissenting.

George F. Short, Atty. Gen., Wm. H. Zwick, Asst. Atty. Gen., and M. M. Thomas (for Banking Department), for plaintiff in error.
Geo. S. Ramsey, Fred M. Carter, and A. L. Beckett, for defendant in error.

KANE, J.

¶1 By stipulation of counsel this cause was submitted for consideration in connection with original proceeding No. 13023, entitled "State of Oklahoma ex re1. George F. Short, Attorney General, v. John Norman, Judge of the District Court of the Twenty-Second Judicial District," in which an opinion has this day been handed down, 86 Okla. 36, 206 P. 522. On the authority of that case the judgment appealed from herein is reversed, and the cause remanded, with directions to vacate the order appointing a receiver, and enjoining the Bank Commissioner from proceeding in said cause.