The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-12-25
CITY LOST $1,000
By the Decision of the Su-
preme Court
IN FAMOUS J0CELYN CASE
Matter Viii Be Re opened al
Next Term of Court.

The now famous case OF the Rock Is
land company vs.. S. E. Jocelyn viii be
reopened when the district court convenes
in February.
The supreme court of the stats handed
down an opinion recently. in which they
took exception to some of the papers
filed in the lower courts. and they have
remanded the case for further proceed
ings to the district court.
The district court convenes here Febru-
airy l, and the city attorney Will. on be-
half of the city, prepare his plea in the
case and the matter will be opened anew
just as though it had never been tried.
The case has now been in the courts four
years, and bids fair to remain there for
several more.
The fact that the Rock Island Lumber
and Manufacturing company garnisheed a
fund which was in the possession of the
Fourth National bank. and that they ans
wered, denying liability as holders OF the
fund, Is known to everyone. The fol-
lowing extracts from the opinion OF the
supreme court VIII serve to show the eff
feet Of their decision:
The bank, however. by it's answer,
made no disclosure either OF liability to
the defendant. or 10 the defendant and
third parties; but by It's answer assumed
the responsibility OF being held liable to
respond to TIE plaintiff in the garnishment
proceedings, without protection from the
claims OF any third party. of which claim
il had knowledge. in the event the trial
upon the issues joined should disclose any
liability to the defendant
The city OF Wichita, on its own mo-
ton, came in, and. by interplesder.
claimed the fund. This claim was denied
and the Judgment against It is final and
conclusive to al parties. The bank has
the fund. 1t received It from the defend
ant debtor. This fund waslon deposit at
the date OF the garnishment summons.
BY the receipt and deposit of this money
the relation of debtor and creditor was
established between the bank and Jocelyn.
Notwithstanding the method of making
the deposit and the name employed for
that purpose.
1t is not apparent that any authority
existed in the police board OF the city TO
become the collector, depositor or custo-
dian Of any public funds. or that the
board as a body, has authority to en-
gage In any private transactions lin
v0iving money transactions.
Upon the undisputed facts OF the rec
ord, we Perceive no reason why a judg-
ment maintaining the garnishee liable in
this proceeding and the payment and sat
isfactlon thereon by the garnishee viii not
afford ample protection from the claims
Of all parties to the record and third par
ties.
This is all the garnishee can demand
But in the event such judgment. and sat
isfaction thereof. might for any reason
fail to afford full and complete protection
to the garnishee. the burden must rest
with the garnishee. For the failure of
such judgment to afford protection should
be predicated upon no other ground than
that the garnishee. knowing Of a third
party claimant to the fund elected to
neither disclose the fact in it's answer as
garnishee, nor to make proof Of such fact
in support Of such disclosure on the trial.
but submitted itself to the jurisdiction
OF the court. content to rest it's rights
upon it's affidavit denying an liability as
garnishee. and thus assuming for itself 10
decide the ownership Of the fund IN con
troversy.
1T follows the judgment discharging the
garnishee from liability TO plaintiff must
be reversed. and the case remanded for
further proceedings in accordance with
this opinion"
The case as it stands IS clearly against
the city in the opinion of the supreme
court and the Fourth National bank be-
comes liable for the entire sum to the
Rock Island people. However, the city
attorney viii file the amended pIeadiugs
of the city in the next term Of the dis
trict court. and it viii az that time Dc
seen wha can be accomplished by amend
ing the pleadings 10 meet the objections
III. s,lr,r-arr,a CONT