Utter

This is an appeal upon the judgment roll from a judgment in favor of J., L. Eckerson as receiver of the Boise City National Bank, a national banking association, which will be hereafter referred to as “the bank,” requiring the delivery by *308 Stephen Utter, clerk of the District Court of Ada county, Idaho, and ex-officio auditor of that county, of certain government and municipal bonds specifically described in the judgment having a value of $23,000, but also specifically providing that the defendant is entitled to retain sufficient of said bonds to cover the amount of $242 found by the court to be public money of the state of Idaho and of the county of Ada, unless within thirty days this amount is tendered in cash to the defendant. The case was tried without a jury, and the sole question is whether the facts admitted in the pleadings or specifically found by the court sustain the decree. The bank had been duly designated by Ada county as depositary of its public funds under the depositary act of the state. The bonds in question had been pledged by the bank with the clerk to secure such deposits as the clerk made from time to time in a certain checking account in the bank. The…