Noble State Bank v. Haskell
Decision Date | 11 September 1909 |
Docket Number | Case Number: 83 |
Parties | NOBLE STATE BANK v. HASKELL et al. * |
Court | Oklahoma Supreme Court |
¶0 1. BANKS AND BANKING--Depositors' Guaranty Fund. Constitutionality--Due Process of Law. The act "creating a state banking board, establishing a depositors' guaranty fund to insure depositors against loss when the banks becomes insolvent," etc., of December 17, 1907 (Laws 1907-08, p. 153, c. 6 art. 2), as amended on February 12, 1908 (Laws 1907-08 p. 153, c. 6, art 3), is not in conflict with section 7, art. 2 (Bunn's Ed. Sec. 16) of the Constitute which provides that 'No person shall be deprived of life, liberty, or property, without due process of law."
2. SAME--Obligation of Contracts. Nor is it in violation of section 15, art 2 (Bunn's Ed. Sec. 24) of the Constitution, which provides that "no law impairing the obligation of contracts shall ever be passed."
3. SAME--Pursuit of Happiness. Nor is it in violation of section 2, art. 2 (Bunn's Ed. Sec. 11) of the Constitution, which provides that "all persons have the inherent right to life, liberty, the pursuit of happiness and the enjoyment of the gains of their own industry."
4. SAME--Taking Private Property for Private Use. Nor is it in violation of section 23, art. 2 (Bunn's Ed. Sec. 32) of the Constitution, which provides that: "No private property shall be taken or damaged for private use, with or without compensation, unless by the consent of the owner, except for private ways of necessity, or for drains and ditches across lands of others for agricultural, mining or sanitary purposes, in such manner as may be prescribed by law."
5. SAME--Taking Private Property for Public Use. Nor is it in violation of section 24, art. 2 (Bunn's Ed. Sec. 33) of the Constitution or damaged for public use without just compensation."
6. SAME--Statutes--Title of Act. Nor is said act, embracing the provision relative to the establishment of the depositors' guaranty fund, to secure depositors against loss when the bank becomes insolvent invalid on account of section 57, art. 5 (Bunns's Ed. Sec. 130) of the Constitution, which provides that: "Every act of the Legislature shall embrace but one subject, which shall be clearly expressed in its title, except * * * ; provided, that if any subject be embraced in any act contrary to the provisions of this section, such act be void only as to so much of the law as may not be expressed in the title thereof."
7. APPEAL AND ERROR--Review--Waiver of Error. When the brief of the plaintiff in error, in any civil cause, fails to preserve, by specification of error, any point complained of in the lower court, such question is thereby waived in this court.
8. SAME--Review--Denial of Injunction. Where the probative allegations do not aver that the injury apprehended is irreparable, and the chancellor denies an application for a temporary injunction, on review in this court the action of the lower court will not be reversed.
* Appealed to the Supreme Court of the United States.
September, 1908, Decided
Error from District Court, Logan County; A. H. Huston, Judge.
Action by the Noble State Bank against C. N. Haskell and others. Judgment for defendants and plaintiff brings error. Affirmed.
This is a proceeding by plaintiff in error, as plaintiff, seeking to reverse the judgment of the district court sustaining the demurrers of the defendants in error, as defendants, in the lower court to plaintiff's petition. The constitutionality of an act of the Legislature of this state creating a depositor's guaranty fund is involved. The petition, omitting the caption and exhibits, is as follows:
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