Crane

This is an appeal from the order of the court refusing to fix the compensation of appellant, appointed “director and trustee of the State Savings and Commercial Bank, the-defendant corporation, and with authority to pay the State license tax now due.”

To an understanding of the controversy the following facts are pertinent and indeed necessary: The State Savings and Commercial Bank, a California banking corporation, had become so financially involved that, under the authority of the California Banking Act as it then existed, upon July 17, 1909, Alden Anderson, superintendent of banks, took possession of the property of the bank. That banking law gave the banking corporation or other person interested, ten days’ time within which to contest the possession of the superintendent of banks, and this contest was never instituted. But upon the fifth day of November, 1909, this appellant instituted an action in his own name against this bank, whose assets and affairs then were and ever since have remained in the possession and under the control of the superintendent of banks and his successor, the bank commissioner, and against certain other defendants called stockholders. In this…