Assessment by the Corp. Commission v. Stockholders of the Bank of Rose Hill, 203 N.C. 840 (1932)

June 29, 1932 · Supreme Court of North Carolina
203 N.C. 840
In Re Assessment by the CORPORATION COMMISSION Against the Stockholders of the BANK OF ROSE HILL, GURNEY P. HOOD, Commissioner of Banks, BANK OF ROSE HILL, the BANK OF DUPLIN, J. C. WILLIAMS, CHARLES TEACHEY, MAURY WARD, D. W. FUSSELL, HENRY FUSSELL, D. B. HERRING, G. W. BONEY, et al.

In Re Assessment by the CORPORATION COMMISSION Against the Stockholders of the BANK OF ROSE HILL, GURNEY P. HOOD, Commissioner of Banks, BANK OF ROSE HILL, the BANK OF DUPLIN, J. C. WILLIAMS, CHARLES TEACHEY, MAURY WARD, D. W. FUSSELL, HENRY FUSSELL, D. B. HERRING, G. W. BONEY, et al.

(Filed 29 June, 1932.)

Appeal by stockholders, petitioners, from Grady, J., at December Term, 1931, of DupliN.

Reversed.

Geo. R. Ward for Gurney P. Hood, Commissioner of Banks, ex rel. Bank of Rose Hill and Bank of Duplin.

Butler & Butler for appealing stockholder's.

Per Curiam.

The only exception and assignment of error on the part of the appealing stockholders, is to the judgment sustaining the demurrers and dismissing the stockholders’ appeal and declaring the assessment on the stockholders valid. We think this is error and the *841judgment should be reversed. From the pleadings as they now appear of record, we think that all matters in controversy should be settled in this action and all the rights of the appealing stockholders heard and determined. Such amendments to the pleadings as are necessary to the complete determination of this action, should be allowed. As to the question of jurisdiction, see Corporation Commission v. Bank, 199 N. C., 586. The judgment below is

Beversed.