Dickerman

The plaintiff brought a creditor’s bill against the defendants. They answered and a trial was had before the court sitting without a jury. The court made findings in favor of the plaintiff and from a judgment entered thereon the defendants have appealed.

The defendants made two points. They contend the evidence is insufficient to justify the decision and they contend that the bonds hereinafter mentioned were in custodia legis and therefore were exempt from attachment, garnishment, or levy. We will discuss these points in the order stated, but it is necessary to state some of the facts.

On October 22, 1923, a judgment was entered against William Ahern, one of these defendants, and in favor of this plaintiff. That judgment ivas for $3,349.61, costs, and interest. On December 4, 1923, $406.78 was credited thereon. Later such proceedings were had that the creditor’s bill was filed. In the meantime William Ahern was arrested on process issued out of the United States district court. He was tried and convicted and took an appeal. Pending his appeal, an order was made that he be admitted to bail in the sum of $5,000. As bail on. appeal, the brother of William Ahern took to Joseph…