City of Wichita v. Rock Island Lumber & Manufacturing Co.

The opinion of the court was delivered by

Cunningham, J.:

This action has been considered by this court once before (63 Kan. 768, 66 Pac. 1024), and, in addition to the facts in the former decision, only such will herein be noted as- are necessary to a full understanding of the questions now raised.

*446The order of this court in the former case was that-the judgment which the lower court had rendered,, discharging the bank as garnishee, be reversed and further proceedings had in and about that matter. It must be borne in mind that the judgment of the lower court had been against the city’s right to…