St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-16
The Liabilities Amount to $40, 193.32-
The Assets to s24,308.
The Claim Of lTaIcsen DeWtseh TO be set
Aside Probably.

The Jacob Deutsch failure concerning
again yesterday figured in the courts, coming
up on an order granted by Judge Koon, Dec.
II, commanding Malchen Deutseh,
the First National bank, Clerk Dav-
export, and Sheriff Stoddart to
show cause why the judgments
Of the First National bank for 8, 900, and Of
Maleheu Deutseh for s17, 900, against Jacob
Deuisch should not be set aside A B.
Jackson, the attorney, appeared for other
creditors aud moved that the judgments
should be set aside, upon the ground that the
summons and complaint had not been filed
with the clerk OF court for period of twenty
days before judgment was entered up, as the
law requires. He claimed further that the
papers had never been fled at all. Is they
were given to the clerk when he was in the
court room. and not in his Office. The papers
had also been kept out Of the files, and had
not been put on record until
judgment had been entered. To
substantiate this he submitted the
sffidavits Of G. c. Ripley, of the firm of Rip
ley & Morrison, attorneys, who swOre that
the clerk had told him that the papers were
given TO him in the court room; also the afii-
davit OF John Schultz, the assignee of Deutsch,
who swore that the assets did not, in his be
lief, exceed $50. 600, and are In the posses
sion OF the sheriff, who has levied to satisfy
the judgements Of the First National bank
and Maichen Deutsch. Tue affidavit Of W.
z. Van Norman, Journal reporter, who
swore he had been in the clerks office at
least once day and had not seen the papers
in the suits until judgment had been en-
tered; that the clerk had told him that the
papers had been kept in the court room.
SIR. Jackson argued that If there was not
collision on the part of the clerk that the
effect was the same. These parties had COM
menced their suits aud the matter had been
kept from the public and the other creditors
until judgment had been entered.
On the other side Z. VI. Wilson, attorney
for the First National bank and Malchen
Deutsch, held that tie papers had been
legally filed and that the clerks desk in the
court room was part Of the clerks Office.
Furthermore that if they remained there that
it was no fault of his clients and they should
not suffer.
In reply 10 this, Mr.. Jackson claimed that
the word ''hle" meant in the regular order.
II they had not been so placed that Mr..
Wilson'S clients could have recourse against
the clerk, whereas his clients had no remedy.
Witnesses were introduced to show collus-
ion in regard to fling the papers and keeping
them from the reporters and others for
twenty days. Judge Koon said that in the
bank case there was no evidence of collision,
but in the Deutsch case it was not so clear.
He indicated that the judgment would prob
ably be set aside, but reserved his decision.
The case has been fully stated before, aud
hinges on the question above stated. The
total liabilities Qneluding S17, 631.07 to
Deutsch's wffe) are S73, 1882; $50, 900 to
New York and Chicago parties, aud s., 900 to
First National bank. The assets, dry goods
stock, amount to $20,0O