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OSTLY v. SAPER

Docket No. 21796.

147 Cal.App.2d 671 (1957)

305 P.2d 946

HAROLD J. OSTLY, as ex officio Clerk of the Superior Court of Los Angeles County, et al., Appellants, v. LEWIS H. SAPER, as Trustee, etc., et al., Respondents.

Court of Appeals of California, Second District, Division Two.

January 18, 1957.

Attorney(s) appearing for the Case

Harold W. Kennedy, County Counsel, George W. Wakefield, Assistant County Counsel, and A. Thomas Grazer, Deputy County Counsel, for Appellants.

George R. Schmidt, David R. Denny, Gibson, Dunn & Crutcher and Ira C. Powers for Respondents.

ASHBURN, J.

Certain money which was paid into superior court in an interpleader proceeding was deposited by the clerk in the county treasury. While there it earned substantial interest. The question is whether that interest belongs to the persons ultimately held to be owners of the principal amount or to the county of Los Angeles. The county's claim having been rejected, its clerk, treasurer and auditor appeal. The deposit was made pursuant to section 573, Code of...

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