Coffin Brothers & Co. v. Bennett, 277 U.S. 29 (1928)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 277 U.S. 27, click here.

Coffin Brothers & Co. v. Bennett

No. 465

Argued April 17, 1928
Decided April 30, 1928
277 U.S. 29

ERROR TO THE SUPREME COURT OF GEORGIA

Syllabus

1. The law in Georgia by which the Superintendent of Banks may issue executions against stockholders of insolvent banks who, after notice from him, neglect to pay assessments on their stock, and which makes such executions liens on their property from date of issuance, is consistent with due process of law, since the stockholders are given opportunity to raise and try in court every possible defense by filing affidavits of illegality. P. 31.

2. The Fourteenth Amendment is not concerned with the mere form of the state procedure. Id.

3. If the debtor does not demand a trial, the execution does not need the sanction of a judgment. Id.

4. The stockholders, by becoming such, assumed the liability imposed by the statute. Id.

164 Ga. 350 affirmed.

Error to a judgment of the Supreme Court of Georgia which affirmed a judgment sustaining a demurrer to a petition seeking to enjoin Bennett, the Superintendent of Banks, from issuing executions to collect assessments made on stockholders of a bank.