Atlantic B. T. Co. v. Neeley, Rec'r

159 S.E. 495, 161 S.C. 72, 1931 S.C. LEXIS 122

Opinion

The opinion of the Court was delivered by

Mr. Justice Cothran.

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 tó 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 Brease, and Messrs. Justices Stabler and Carter concur.