Farish v. State Banking Bd. of Okla.

Citations

• 235 U.S. 498
• 35 S. Ct. 185
• 59 L. Ed. 330
• 1915 U.S. LEXIS 1837

Syllabus

<p>Lankford v. Platte Iron Works, ante, p. 461, followed to the effect that •under the Eleventh Amendment the State Banking Board and Bank Commissioner of Oklahoma are not subject, to suit by depositors of insolvent banks.</p> <p>Although one may become subrogated to all the rights of a depositor in an insolvent bank in Oklahoma, that does not give him the right of suit against the state officers administering the Depositors’ Guaranty Fund.</p> <p>As the statute creating the State Banking Board of Oklahoma does not give the Board power to waive the State’s exemption from suit, an appearance on behalf of the members of the Board does not amount to such a waiver. Gunter v. Atlantic Coast Line, 200 U. S. 273, distinguished.</p> <p>Quaere, where the court has entered a decree establishing rights between the individual parties but dismissing the suit as against the state officers on the ground that it was one against the State, whether those officers, by employing counsel to resist complainant’s recovery are ■ not bound by the decree to the extent of the rights adjudicated.</p>