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COMPLAINT AGAINST THE HIBERNIA BANK FAULTY Demurrer Sustained to Bill Ask= ing for Receiver A demurrer to the complaint in which John Fitz Gibbon prayed that the superior court appoint a receiver for the Hibernia savings and loan society was sustained by Judge Seawell yesterday. The principal point in which the complaint was found to be defective was the failure of Fitz Gibbon to allege that he is a stock holder of the bank. He was given 10 days in which to amend his complaint, Fitz Gibbon, who has been a depositor in the bank since November, 1861, complains that the attempt made January 20, 1909, to extend the existence of the corporation 50 years, was a deliberate endeavor to evade the law limiting the life of such corporations to 50 years. Hibernia savings and loan society was organized April 12, 1859, but was reorganized under the name of The Hibernia savings and loan society in 1864. Fitz Gibbon also complains that he has not been permitted to examine the books and records of the institution. In addition to asking the court to appoint a receiver Fitz Gibbon prayed that the assets be distributed among the depositors and stock holders.