Donohoe-Kelly Banking Co. v. Southern Pacific Co.

Plaintiff brought the action to compel the claimants to interplead and litigate among themselves the right to $336.43, which was on deposit with plaintiff in the name of John 0. Welsh, on October 22, 1898. It appears that on that day Welsh drew a cheek on plaintiff bank in favor of Virgin & Co., Ashland, Or., for $37 and mailed it to the payee. On October 22, 1898, he drew two other checks on plaintiff, one for $125, in favor of J. J. Sheafor, and one for $200 in favor of J. W. Parker. The Sheafor check was delivered to Sheafor a day or two after it was drawn. The third cheek, for $200, was not delivered until after October 27, 1898. In an action pending in the United States circuit court, wherein John O. Welsh was plaintiff and Southern Pacific Company was defendant, the latter obtained judgment against Welsh for $1,150.12. On October 24, 1898, said Southern Pacific Company caused a writ of execution to issue out of said circuit court, but in the title of the ease in such writ the name of plaintiff therein was spelled Welch instead of Welsh. The writ was served on plaintiff herein by defendant Shine, United States marshal, on October 27, 1898, by notice of garnishment. After the…