Austin v. First Nat. Bank

2 Citing cases

  1. Kidder v. Hall

    113 Tex. 49 (Tex. 1923)   Cited 59 times
    In Kidder v. Hall, 113 Tex. 49, 251 S.W. 497, 498, it is said: "From a consideration of all the articles named, it is quite apparent that every feature of the distribution of the estate of an insolvent bank is within the jurisdiction of the district court (or judge thereof) of the county in which the bank was located when it transacted business."

    — Remedy, if any, by prerogative writ of mandamus issuing from the sovereign may not be invoked where there is other established, adequate legal or common law remedy. Rev. Stats., arts. 446, 464, 486; Austin v. State Bank of Teague, 205 S.W. 839; Bledsoe v. International R. Co., 40 Tex. 537. The Commissioner of Insurance and Banking and the State Banking Board are State officers and constitute part of the executive department of the State Government, vested with discretion and judgment in classifying, approving and paying claims out of the Depositors Guaranty Fund, and their action cannot be reviewed or reversed in a proceeding for writ of mandamus.

  2. Chapman v. Southwest Nat. Bank

    276 S.W. 731 (Tex. Civ. App. 1925)   Cited 3 times

    trust on real estate in Cleburne to R. L. Stennis, trustee, for Southwest National Bank of Dallas. This deed of trust recites that it is given "for the purpose of securing any and all debts, liabilities, guaranties, demands, and obligations whatsoever, due or to become due from the Guaranty State Bank of Cleburne to the Southwest National Bank of Dallas, and, when same are fully discharged, then this conveyance shall become null and void," etc. This deed of trust was filed for record April 4, 1923, at 8:30 p. m., and was duly recorded in volume 97, p. 84, Deed of Trust Records of Johnson county, Tex. If appellee deposited the $30,000 in the Cleburne bank, as it contends it did, then the Cleburne bank became indebted to appellee for said amount and said indebtedness was and is expressly secured by the terms of said deed of trust on real estate above referred to, and said indebtedness, being thus secured, could not be protected by the depositors' guaranty fund. Rev. Statutes, art. 486; Austin v. Bank (Tex.Civ.App.) 205 S.W. 839. As we view the transaction involved here, appellee was not in any event entitled to recover.