The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-12-10
SUPREME COURT
REVERSED DECISION
Famous loceIyn Case Up Be-
fore Highest Court
WHAT WILL EFFECT BE
Is Keeping the Attorneys for
Both Sides Guessing.
WHOSE MONEY WAS IT
That Was Deposited in Fourth
National Bank.
WHOSE MONEY WAS IT

The famous case Of the Rock Island
Lumber and Manufacturing comr any VS..
the Fourth National bank OF yvIt hita, S.
E. Jocelyn and the city of Wichita. Kan,
has just been decided in the Supreme
court. The decision of the Supreme court
reverses the decision of the lower court.
Just what the effect Of this decision is
the attorneys have not yet been able to
figure out. as they have not been advised
Of the fun text OF the decision.
The case is an old one that was COM
menced several years ago. when Mr.. s.
T. JOcelyn was the president Of the po-
lice board. The other members OF the
board at that time were George K. Spen-
GER and ]. NJ. Furnish
It happened that Mr.. Jocelyn purchased
lumber OF the Rock Island Lumber COM
paEy to erect a house for himself on some
lots which he owned in the third block on
Topeka avenue. He gave IN payment a
note, which fell due, and for some reason
he did not pay. The company fled suit
against him for the amount on the 24th Of
February, lSs4. and were given judgment
for SS44 on February Is, 1897.
on May 10, 1897. an execution was issued
on the judgment against S. E. Jocelyn.
and the next day the Fourth National
bank was garnished as a supposed debtor
Of Jocelyn. The bank answered by both
its president and cashier that It was at
the time of the summons and afterwards
at no time. in no manner and upon no
account indebted or under liability to the
defendant. S. z. Joeelyn.
The Rock Island Lumber company took
exceptions TO these answers, and the case
was tried on the truthfulness of the same
Mr.. Jocelyn was appointed by Governor
Leedy president of the police board. This
board had the power to regulate its own
government. Under these rules they ap-
pointed Mr. Jocelyn treasurer, and direct
ed that the revenues of the city coming
in through the police department be de-
posted in the Fourth National bank.
There was q law, however, that pro-
vided that all fines and forfeitures should
be turned over to the city treasurer.
There was also a provision that the po-
lice force should be paid out of these
fines. and 1t was on the strength OF this
provision that. fearing there would be a
scarcity OF funds in the city treasury. the
account was kept separate and only the
surplus turned over TO the city.
The funds that were thus deposited
We're deposited in the name OF s. Z. Joce-
Ign, president of the police board.
When the Judgment was rendered
against the bank the case was taken to
Newton, in Harvey county. for trial At
this time the city of Wichita came for
ward and entered an interplea stating
that Mr.. Joeelyn did not have any claim
on the funds that We're deposited in the
Fourth National bank and that he never
made any claim TO them, and asked that
the case be dismissed and the bank or
dcred TO turn the money over to the city.
Mr. George W. Adams was the attorney
for the city
Judge NJ. P. Simpson gave his decision
on the case in favor of the bank and or
dered the money paid over 10 the city.
Also ordered that the Fourth National
bank should collect costs Of the Rock Is
land Lumber company to cover the cost
made by them, and that they should re-
cover from the city of Wichita all costs
made by the city after the fling of the
interplea.
The Rock Island Lumber company then
made motion for a new trial, which
was overruled. The company then asked
for an appeal TO the Supreme court.
The grounds on which the plaintiffs
based their motion for an appeal were the
following: They claimed that the trial
court erred in overriding the motion Of
the plaintiff TO require the interpleader.
the city Of wichita, TO make its inte9plea
more definite and certain
Second. The trial court erred in over
ruling the demurrer Of the plaintiff 10 the
interpiea Of the defendant.
Third. The court erred in overTuling the
demurrer of the plaintiff to the evidence
introduced for and on behalf Of the inter-
pleader and the garnishee, the Fourth
National haak.
II was then shown that the police com
uissioners mad no right 20 collect any
funds Of the city Of Wichita whatever;
that the chief OF police was required to
collect these funds and TO pay them over
TO the county treasurer. or the city treas
urer. as they are against the state or city
laws.
After the case was reviewed by the
Judge of the trial court the appeal was
granted and the case was taken 10 the
Supreme court. where il has just been de-
cidcd The supreme court reversed the
decision Of the trial court, and the attOr-
neys are .ery much interested 70 know
lust what the text of the decision is. They
viii have the text in q few DAYS. IN the
meantime TIE interested parties are on
the anxious seat.
There VIII be 4 called meeting 81 the
Ladies Aid society Of the First Presby
terrain church December Il. ~ 2 2. m at
Mrs. II. e. Meetings., so North Topeka