Kinney v. Hynds
Wyoming Supreme Court
ERROR to tbe District Court for Sweetwater Comity, Hon. Jesse Knight, Judge. Action upon certificates of deposit. Tbe defendant bank made affidavit that they were claimed by a third*party, and the latter was ordered to appear and maintain' or relinquish his claim. He appeared and answered, and the case proceeded as against him, the bank retaining the money in the meantime by order of the court. The facts are stated in the opinions.
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ERROR to tbe District Court for Sweetwater Comity, Hon. Jesse Knight, Judge. Action upon certificates of deposit. Tbe defendant bank made affidavit that they were claimed by a third*party, and the latter was ordered to appear and maintain' or relinquish his claim. He appeared and answered, and the case proceeded as against him, the bank retaining the money in the meantime by order of the court. The facts are stated in the opinions. The indorsement and transfer of the certificates of deposit was for a gambling consideration, and therefore void. (R. S., Sec. 1001; Bank v. Bank, 38 Fed., 800;…
1Opinion of the Court
CoRN, _Justice.
The defendant in error brought suit in the district court of Sweetwater County against the First National Bank of Rock Springs, upon four certificates of deposit issued by the bank to M. Kinney, the plaintiff in error. The bank filed its affidavit under the statute showing that Kinney claimed the money due upon the certificates, and averring its readiness to pay the same as the court might direct. Kinney subsequently appeared and was substituted as defendant in place of the bank. The'cause was tried by the court without a jury, and judgment rendered for the *28plaintiff below for…
2Cases cited3 opinions
- Scott v. CourtneyNevada Supreme Court · 1872
- Bryant v. MeadCalifornia Supreme Court · 1851
- Carrier v. BrannanCalifornia Supreme Court · 1853
3Cited by4 opinions
- Washington National Insurance v. Employment Security CommissionArizona Supreme Court · 1944
- Williams v. Weber Mesa Ditch Extension Co.Wyoming Supreme Court · 1977
- Paine v. Copper Belle Mining Co.Arizona Supreme Court · 1911
- Evancovich v. Schiller, JudgeUtah Supreme Court · 1933