The Montgomery advertiser., 1904-02-02
COUNTY CASE AGAIN
nrMrrRrERs ARGUED BEFORE
 JUDGE JONES.
Matter of Money Lost by Morris Bank Failuer Comes Up For Third Time in Federal
 Court.

nsrurrers in the case of the County or Monteomery vs. J. J. Cochran and the R,a.ntv and Deposit Company Of Mary lana were argued yesterday in the United s,atas District Court before Judge Thomas G. Jones.
 The arguments were passed over yes terday afternoon until Wednesday.
 This case after going to the United States Court of Appeals twice is on it's third trial On both occasions the decis- lon of the lower court was reversed by the appellate judges.
 This suit was brought by the County Of Montgomery. in the City Court of Mont gomery, against John J. Cochran and the Fidelity and Deposit Company of Mary land; Cochran being the treasurer of the county and the Fidelity and Deposit Com pany of Maryland being a corporation under the laws of Maryland and the surety on the bond Of Cochran as County Treasurer The purpose of the suit is to recover damages for certain alleged breaches of the official bond whereby the county lost large sum in the failure of the banking house of Josiah Morris X Co.
 The cause was removed from the State Court tc the Circuit Court of the United States for the Middle District of Alabama on the application of the Fidelity and Deposit Company of Maryland. February 18th. 1902. upon the ground of prejudice or local influence.
 At the May term 1902 of the Circuit Court the plaintiffs motion to remand for want of Jurisdiction having been over ruled, trial was had and resulted in verdict and judgment for sum much less than the amount of the plaintiffs claim. That judgment was reversed by the Circuit Court of Appeals and a new trial was had in the Circuit Court at the May term ,1903, the result again being a Judgment for much less than the amount of the plaintiffs claim. From the Judg- ment each party prosecuted a writ of error.
 The suit as first tried involved two funds. The general fund and special fund called the road and bridge fund. Upon the first trial the plaintiff recovered judgment for the general fund in the sum of $3G, G,S69 .92, including $4,64S.12 of interest; but under the rulings of the court the plaintiff recovered nothing upon that trial on account of the road and bridge fund. The $36. .S69. .92 judgment was volun- tarily paid by the defendants.
 After the reversal of the former judg- ment. and before entering upon the sec ond trial in the Circuit Court, the plain tiff renewed and insisted upon the motion to remand the cause to the State Court on the ground that the defendant Cochran, being citizen of the same State as the plaintiff, the court was without jurisdic- tion. The court overruled the motion and the plaintiff reserved an exception.
 Cochran, prior to entering upon the duties as treasurer had an agreement with Billing of Josiah Morris & Co., that he would deposit the funds of the county in Billings bank and that Billing should have the Urea asurer's business transacted In pursuance of this agreement the power of attorney was executed to John P. Kohn an employe of the bank. The bond com pany knew at the time the bond was executed by it. that the money was to be deposited in the Josiah Morris & Co.'S bank.
 At the time of the failure of the bank Cochran had on deposit therein funds of the county amounting to $147, ,554 80, in- cluding therein the road and bridge fund then amounting to $1e4, ,592. 42;. but all of it had, at the time of the trial been duly accounted for except the road and bridge found. and of that fund Cochran had col lected from the bank and duly accounted Tor the following sums at the following dates, viz.: July ?, 1901, $13, ,074. .O5; June IA, 1902, $13.074.05
 The controversy related to the residue of this fund amounting, at the date of the trial to $96,154.5S.