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# STOCKHOLDERS OF # MORGAN BANK WIN COURT DECISION IN THEIR FAVOR IN SUIT AGAINST STATE SUPERINTENDENT. MORGAN, Ga. - Stockholders of the Bank of Morgan have won their suit against the state bank superintendent. Last week the Bank of Morgan was taken over by T. R. Bennett, state bank superintendent, as an insolvent institution. Bennett proceeded to assess the stockholders for the benefit of creditors. The result was that the stockholders attacked in the superior court of Fulton county the legality of the provision in the act creating the banking department of the state, which empowers the superintendent of bank to assess stockholders for the indebtedness of banks, and on their failure to pay the assessment in thirty days to issue executions and levy on the property of the stockholders. The act also provides that the estimate and assessment of the superintendent of banks shall be final and that the stockholders cannot attack either, but must pay; if they do not executions will be issued. The act was attacked on the grounds that it was unconstitutional and void, being in conflict with the due process clause of the state and federal constitutions, and also was retroactive. Judge A. L. Miller, of Edison, brought both the suits and Judge George L. Bell, of the Atlanta circuit, granted a temporary injunction which will be made final at the hearings, as he has already rendered a decision in favor of the stockholders in a similar case. Another point raised in the suit is relative to the assessments that have been made against the bank. In 1921 the stockholders were assessed 60 per cent of the value of their stock and paid that in, and after running the bank a short time were assessed $100 per share on their stock of the par value of $100, making a total assessment of $160 on each share of $100.