# State Banking Board v. James

> Court of Appeals of Texas · June 21, 1924 · 264 S.W. 145

URL: https://www.frixlaw.com/law-library/cases/9829247

## Case

- **Full name:** STATE BANKING BOARD Et Al. v. JAMES Et Al.
- **Court:** Court of Appeals of Texas
- **Decided:** June 21, 1924
- **Citations:** 264 S.W. 145; 1924 Tex. App. LEXIS 582
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** O'Quinn
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9829247

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9829247. Public record. Not legal advice.