KIRKPATRICK, District Judge.
This is a suit brought by the receiver of a national bank against a stockholder to recover an assessment, duly made by the Comptroller of the Currency. The plaintiff has taken a rule raising the question of the legal sufficiency of the affidavit of defense.
Both parties concede that the affidavit as filed is not legally sufficient, in that it fails to show any of the conditions which, under the decision of the Supreme Court in...
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