CONTINENTAL INV. CO. v. TOELLE

No. 6738.

5 F.2d 907 (1925)

CONTINENTAL INV. CO. et al. v. TOELLE et al.

Circuit Court of Appeals, Eighth Circuit.

May 4, 1925.


Attorney(s) appearing for the Case

John T. Bottom, of Denver, Colo. (Frank M. Lowe, of Kansas City, Mo., and A. J. Herrod, of Kansas City, Kan., on the brief), for appellants.

J. Francis O'Sullivan, of Kansas City, Mo. (Joseph H. Brady and T. Forrest Railsback, both of Kansas City, Kan., on the brief), for appellees Toelle, O'Sullivan, and Fincke.

Maurice J. O'Sullivan, Harry Friedberg, and Ralph L. Adams, all of Kansas City, Mo. (Myer M. Rich, of Kansas City, Mo., on the brief), for appellees O'Sullivan, Brady, and Railsback.

James F. Getty, of Kansas City, Kan., for appellee Wright.

Before SANBORN and LEWIS, Circuit Judges.


LEWIS, Circuit Judge.

This suit was brought by appellants to restrain the clerk of the district court for Wyandotte county, Kan., from paying over money in his hands which he received from the National Surety Company for John Toelle, and was dismissed on demurrer to the bill. The money was received by the clerk under these circumstances:

John Toelle recovered a judgment in the district court for Wyandotte County, Kansas, against Sells-Floto Shows Company,...

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