Baronovich
United States Fidelity & Guaranty Co. v. Baronovich
Opinion
Lead Opinion
Wilbur, J.
This is an appeal from an order sustaining objections of the parties to- a petition in intervention filed by the appellant after decree had been rendered, wherein appellant sought an order subjecting the funds in the hands of the court to the liens or claims of the Territory of Alaska for $2,149.24 and of the Government of the United States for $1,660' for taxes.
The intervener, United States Fidelity & Guaranty Company, bases its right to invoke the jurisdiction of the court to order the tax claims of the United States and the Territory paid upon the ground that it has given bonds to the government of the United States and also to the Territory, to secure the payment of such taxes. The intervener alleges in its petition in intervention that the Kelly Packing Company, on whose behalf it executed these bonds, is insolvent; that the claims for such taxes are prior claims to those of the labor and materialmen who first invoked the jurisdiction of the court to enforce liens given to them by the laws of Alaska upon the salmón pack to which their labor and materials contributed, and that therefore the court should order these claims paid before distributing the fund to the laborers and…