2 Kan. App. 522 | Kan. Ct. App. | 1896
The opinion of the court was delivered by
In an action commenced in the district court of Clay county by Thomas Perry, the plaintiff in error, against Anna T. Buckell, one William Stacy was summoned as garnishee. Stacy answered, and paid into the court the sum of $126, which he admitted he was owing under a contract made between him and the defendant, Buckell. Afterward,the. defendant in error, W. F. Blatch, filed an inter-plea in the case, claiming that the money was owing to him instead of to Mrs. Buckell. Upon issues joined between Perry and Blatch, the court adjudged the money garnished to belong to the latter. Of this decision and judgment Perry complains.
The evidence is somewhat conflicting and unsatisfactory concerning the arrangement between Blatch and Mrs. Buckell, and it is not clear what their relations in fact were. But, in the view we take of the case, it is not necessary for us to determine these matters, for, if she had a lease from Blatch, the entire rent to be paid by Stacy was owing to her ; and if she was only an agent, yet she was an agent with
We think the court should have found what the defendant’s interest was in the money paid in by the garnishee, and should have applied that amount on the plaintiff’s judgment, returning the balance to Blatch.
The judgment will be reversed, and the case remanded for further proceedings in accordance with this opinion.