CALL, District Judge.
This cause comes on for hearing upon demurrers filed by the defendants severally. The declaration, after alleging the organization, etc., of the bank, alleges that its codefendant Baya was cashier and vice president of the bank.
The first count alleges that certain persons feloniously stole certain property from the plaintiff, and that Baya, in his capacity of cashier and vice president of the bank, and while acting as such and within...
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