Lackmann

Lackmann v. Supreme Council of Order of Chosen Friends

Good Law
142 Cal. 22·1904 Cal. LEXIS 890·75 P. 583
Supreme Court of CaliforniaJanuary 26, 1904S.F. No. 3664.California948 words

Opinion

Lead Opinion

Gray, J.

The order of Chosen Friends is a fraternal beneficiary order which was organized under the laws of the state of Indiana, with its home office at Indianapolis, and conducting its operations in that state and the other states and territories of the Union. The plaintiff is the sheriff of the city and county of San Francisco. One of the defendants herein, Koelzer by name, commenced an action against the supreme council of said order based upon a certificate of membership therein, in which she, the said Koelzer, was named as beneficiary. Under a writ of attachment issued in said action, the plaintiff seised and took into his possession as sheriff $2,519.60 in money belonging to the said defendant, the supreme council of said order. The defendant and appellant Clark is the receiver appointed by the superior court of Marion County, Indiana, in insolvency proceedings brought by the attorney-general of that state against said supreme council.

This action was brought by plaintiff to compel the defend-. ants to interplead and have their adverse claims to this money determined by the court. The sheriff paid the money. into court. The defendants Clark and Koelzer filed their answers and…

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