Opinion

State Banking Board v. James

  • 264 S.W. 145
  • 1924 Tex. App. LEXIS 582
Court
Court of Appeals of Texas
Filed
Jun 21, 1924
Status
Published
On the bench
O'Quinn
Cited by
9 cases

The opinion

On Rehearing.

In a former day of this term we reversed the judgment herein in favor of appellees, and rendered judgment for appellants. In. *151 their motion for a rehearing appellees call our attention to the fact that in the court below they obtained judgment against the Shepherd State Bank for the amount of their claims against it in the sum of $10,320.47, which had, prior to the filing of this suit in the court below, been approved by the Banking Commissioner as a general debt of the Shepherd State Bank to share pro rata with other unsecured creditors, and which judgment was not contested in the trial in the court below, not on this appeal, but that in reversing and rendering the judgment we had also reversed and rendered this judgment, as well as the judgment against the state banking board and commissioner of banking. It was not our intention to reverse this part of the judgment, but we addressed ourselves to that portion of the judgment establishing the claim of appellees as a noninterest-bearing and unsecured deposit in the Shepherd State Bank, and ordering that same be paid out of the Guaranty Fund. By oversight we" failed to mention appellees’ judgment against the Shepherd State Bank. We here reform our judgment heretofore entered and hffirm that portion of the judgment below in favor of appellees against the Shepherd State Bank. Otherwise the motion for rehearing is overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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