State v. San Francisco Savings & Loan Society

The attorney-general of the state of California instituted this action in behalf of the state in pursuance of the provisions of section 1273 of the Code of Civil Procedure, as the same was amended -by the legislature of 1915 (Stats. 1915, p. 107), to have 170 different savings deposits in the defendant bank declared escheated to the state.

The notice required by the section named of the commencement of the action was duly -given to the defendants and the notice to claimants, required to be given by the county clerk by the Bank Act, as amended by the legislature of 1915 (Stats. 1915, p. 1106), was also given as so prescribed. The state was awarded judgment declaring each of the deposits &s escheated to it, and from said judgment and particularly so much thereof as awards interest on each of the accounts from the date of the adoption of a certain amendment to the by-laws of the appellant (to be hereinafter considered) to the time of the rendition of judgment the defendant bank appeals. The ease is brought here on the judgment-roll alone.

Section 1273 of the Code of Civil Procedure provides, among other things, that, where a deposit of money in a bank made by a depositor has, for a…