. delivered the opinion of the Court.
In July, 1926, the Richland State Bank, organized under the laws of the State оf Georgia, closed its doors and turned its affairs over tp thе defendant in error, the Superintendent of Banks for the State. In the following September the Superintendent issued a notiсe to each of the plaintiffs in error .that an assessmеnt of 100 per centum on the par value of his stock was lеvied, as necessary to pay the depositors in full. Thesе proceedings were under and in accordance with the Banking Act of Georgia, of 1919, as amended in 1925, codified in 12 Park’s Annotated Code, § 2268(t). That section provides that if any stoсkholder notified shall neglect to pay the assessment-the. Superintendent shall issue an execution for the amount, tо be enforced like other executions, “ provided, however, that any stockholder shall have the right by affidavit of illegality, as in cases of affidavits of illegdlity to other exeсutions, to contest his liability for such assessment and the amount аnd necessity thereof.” In that case the affidavit and execution are to be returned to icourt for trial. The exеcution is made “ a lien on all property ,of the defеndant subject to levy and sale for the amount which shall be adjudged to be due thereon from the date of the issuancе thereof by the Superintendent.” The plaintiffs in error filed a petition in equity to enjoin the Superintendent from taking the next statutory steps, on the ground that the section was contrary tо the
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Fourtéenth Amendment by denying to them due process of law. A general demurrer was sustained by the trial Court and by the Supreme Cоurt of the State.
The objection urged by the plaintiffs in error sеems to be that this section purports to authorize an еxecution and the creation of a lien at the beginning, bеfore and without any judicial proceeding. But the stockhоlders are allowed to raise and try every possible defense by an affidavit of illegality, which, as said by the' Supreme Court of Georgia, makes the so called execution ‘ a mode only .of commencing against them suits to. enforcе their statutory liability to depositors.’ A reasonablé opportunity to be heard and to present the defence is given and if a defence is presented the execution is the result of a trial in Court. The Fourteénth Amendment is-not concernеd with the form.
Missouri ex rel. Hurwitz v. North, 271
U. S. 40, 42. The fact that the execution is issued in the first instance by an agent of the State but not from a Court, followed as it is by personal notice and a right to take the case intо court, is a familiar method in Georgia and is open to nо objection.
Martin v. Bennett,
291 Fed. Rep. 626, 630, 631. If the debtor does not demand a trial the execution does not need the sanction оf a judgment, (see
Murray
v.
Hoboken Land & Improvement Co.,
As to the liеn, nothing is more common than to allow parties alleging themselves to be creditors to establish' in advance by attachment a lien dependent for. its effect upon the result of the suit. We see nothing in this cáse that requires further argument to show that the decision' below was right.
Judgment affirmed.