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ATLANTIC B. T. CO. v. NEELEY, REC'R

Supreme Court of South Carolina.
Jul 3, 1931
Judgment
Subsequent
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Case Information
CITATION CODES
citation codes
DOCKET NO.

13193

Attorney(S)

Messrs. Kearse Kearse, for appellant, cite: Facts the same as in 136 S.C. 511; 134 S.E., 510. Theory on which preferences are allowed: 140 S.C. 321; 138 S.E., 815; 150 S.C. 25; 147 S.E., 653; 141 S.C. 370; 137 S.E., 793; 60 S.C. 122; 38 S.E., 453; 77 S.C. 305; 57 S.E., 182. Mr. Adam H. Moss, for respondent cites: Plaintiff entitled to preference under Act 1927 No. 202: 35 Stat., 369.

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July 3, 1931. The opinion of the Court was delivered by

MR. JUSTICE COTHRAN.Page 77

The decision of this Court in the case of Ex Parte Wachovia Bank (Nettles v. Bank), 160 S.C. 104, 158 S.E., 214, is conclusive against the right of the respondent bank to priority in the distribution of the assets of the insolvent bank. The Court sua sponte will take notice of the fact that the Act of 1927 (Act April 26, 1927 [35 St. at Large, p. 369]), upon which the plaintiff relies, was declared unconstitutional in the case cited. The order appealed from, which will be reported, is accordingly reversed.

MR. CHIEF JUSTICE BLEASE, and MESSRS. JUSTICES STABLER and CARTER concur.

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