The silver messenger. (Challis, Idaho) 1890-1912, 1900-02-06
Appealed without Authority.

gu IllS OIQerS Lldue ny bhS Lib
trict court in and for Bingham
county, requiring Receiver Thum
to pay over to Custer, Bingham
and Fremont counties the sums
they had on general deposit in
the bank of G. Bunting & Co. at
the time it failed. In deciding
the matter the Supreme court
takes occasion to criticise the
receiver very sharply for taking
the appeals without an order of
the District court, and he is re
quired to pay all the costs on APP
peal, including the fee of his at
torney in the proceedings.
The opinion follows
Quarles, j.
This action was commenced by
the First National Bank of Poca-
tello, a corporation, plaintiff,
against G. Bunting & Co., bank
ers, a corporation, defendant, to
a debt due from the defendant
to the plaintiff. The defendant
corporation being insolvent, @.
e. Thum was appointed by the
court receiver to take charge of
the assets of said defendant cor
poration, which, after qualifying,
he proceeded to do. The State
of Idaho interviewed, alleging
that said receiver took charge of,
and was in possession, as receiv-
er, of certain moneys owned by
the State, withheld and refused
to pay same to the State, and de-
manded an order directing said
receiver TO pay over to the State
Treasurer the said moneys of the
State before distribution among
the creditors of the said insolv-
ent. The District court decided
the contention against the State,
and the State appealed to this
court. Upon said appeal we held
that public money deposited by
public officer in a bank becomes
q trust fund and not part of the
estate of the bank, and in case of
the insolvency of the bank, it's
receiver must treat such fund as
the property of the true owner,
and that creditors of such bank
were not to share pro rata in
public money deposited in such
bank.
See State VS.. Thum, So Pac. 656.
After the said decision the re.
spondents here, Bingham coun-
ty, Custer county, and Fremont
county, each interviewed in this
action, claiming each for itself,
that public money belonging to
it was deposited with the defen-
dant corporation, and thence into
the hands of said receiver. Upon
a hearing of said petitions in in
PREVENTION, the court rendered
and made its several judgments,
ordering and directing said re-
ceiver to pay each of said res
pondent counties the public
moneys belonging to each, which
were deposited with said bank,
as follows, towit /: To Custer
county the sum of So, 241.O2; 10
Bingham county the sum of $685.
647. sc; to Fremont county the
sum of $3627.67; and to Bingham
county on relation of E. P. Colt
man, sheriff, etc., the sum of
81, 326.26. Each of said iudg-
ments directed said receiver to
pay said amounts, respectively.
to said counties forthwith, but.
instead of doing so, said receiv-
or, without regard to said iudg-
ment and without regard to the
decision of this court in State VS..
Thum, cited, supra, has appeal
ed to this court from each of
said judgments.
The position of each of the re-
spondent counties is the same as
was that of the State, and the
decision in that case is conclu-
sive of the merits of these four
which have been argu-
ed, submitted and considered to-
gether and on the authority of
4 hn -.