3. That on the day of, 19—, this interpleader, K. G. Company, filed its interplea herein, claiming all of the moneys so garnished in the hands of the P. O. Company, being the said sum of ; that said claim is made by reason of (setting forth fully facts upon which claim is based).

-$

4. That in his answer filed herein on the day of, 19——, the defendant in the above entitled action, N. L., denies that there now is, or at the time of the commencement of this action was, any personal property or any other property, real or personal or mixed, of any description whatsoever, of him within the state of Oklahoma; that by such denial said defendant disclaims any interest in any of the funds so garnished in the hands of the P. O. Company.

Wherefore, this interpleader, K. G. Company, moves the court for an order that the said W. S. Company be interpleaded herein, as a defendant to the garnishee action, and that notice thereof, setting forth the facts, with a copy of such order, in such form as the court shall direct, be served upon said W. S. Company, to the end that the rights of all parties and claimants to the funds so garnisheed may be determined, and that, after such service shall have been made, the court make an order directing the said garnishee, the P. O. Company, to pay and deliver to the clerk of this court the said funds so garnisheed, being the sum of $, and that, upon final determination of said garnishment proceedings, this interpleader, K. G. Company, have judgment therefor, and that all other parties and claimants be .concluded from any and all claim to any part thereof.

X. Y., Attorney for Interpleader, K. G. Company.

(Caption.)

Now, on this

ORDER

day of

19, this cause comes on for hearing on the motion of the K. G. Company, a corporation, interpleader herein, for an order of this court that the W. S. Company, a corporation, be interpleaded herein as a defendant to the garnishee action, and it appearing to the court from said motion and from the answer of the garnishee filed herein that the said W. S. Company claims some interest in the funds held by the P. O. Company, a corporation, garnishee herein, to wit, the sum of $ -, and it further appearing to the court that said motion should be granted:

It is therefore by the court ordered that the W. S. Company, a cor

poration, be and is hereby interpleaded herein as a defendant to the garnishee action in the above entitled cause, and that notice thereof, setting forth the facts, together with a copy of this order, be served upon said interpleader, W. S. Company, a corporation, in the manner required by law for service of a summons in a civil action, and that, upon such service being made, said interpleader; W. S. Company, shall be deemed a defendant to the garnishee action herein, and within twenty (20) days shall answer, setting forth its claim to the funds so garnished, or any defense which the garnishee might have made.

It is further ordered that, after such service shall have been made, the garnishee herein, the P. O. Company, a corporation, shall pay and deliver to the clerk of this court the said funds so garnished, being the sum of $, and have a receipt therefor, which shall be a complete discharge from all liability to any party for the amount so paid and delivered, and that a copy of this order be served on said garnishee, the P. O. Company, a corporation.

(Caption.)

NOTICE

Judge.

The State of Oklahoma, to the Said W. S. Company, a CorporationGreeting:

day of

You are hereby notified that on the 19-, the plaintiffs above named filed in this cause an affidavit for garnishment, alleging, among other things, that the P. O. Company, a corporation, garnishee above named, was indebted to or had property real or personal in their possession or under their control belonging to the above named defendant; that the answer of said garnishee filed in said cause on the day of ———————, 19—, discloses that at the time of the service of the summons in garnishment herein, said garnishee had on its books to the credit of N. L., defendant, the sum of $ which funds are now being held in the hands of said garnishee; that said answer further discloses that demand has been made upon said garnishee by the W. S. Company, a corporation, claiming to be the owner of said funds, and that said garnishee is not advised as to the interests of said parties therein; that said answer further asks the court to protect said garnishee in any order made relative to said funds; that on the 19—, the K. G. Company, a corporation, filed its interplea in said action, claiming all of the moneys so garnished in the hands of the P. O. Company, by reason of (setting forth

day of

facts on which said claim is based); that in his answer filed herein on the -day of 19-, the defendant above named denied that there now is, or at the time of the commencement of this action was, any personal property or any other property, real or personal, of any description whatsoever, of his within the state of Oklahoma; that on the day of - 19, the said interpleader, K. G. Company, filed herein its motion, setting forth the above facts, and asking that said W. S. Company be interpleaded herein as a defendant to the garnishee action, to the end that the rights of all parties and claimants to the funds so garnisheed might be determined; and that on the day of, 19—, this court, upon hearing said motion, made and entered an order that said W. S. Company be interpleaded as a defendant to said garnishee action, a copy of said order being attached to this notice.

You are further notified that you must answer in the garnishee action herein, within twenty (20) days from the service of this notice upon you, setting forth your claim to the funds so garnished or any defense you may have which the garnishee might have made, or judgment by default will be entered against you, which shall conclude any claim on your part to said funds.

Of which the said garnishee, the P. O. Company, a corporation, will also take notice.

Witness my hand and the seal of said court this

19-.

§ 1878. Action by claimant

day of

Court Clerk.

Trial of the issue whether an intervener owns the property garnisheed may be had prior to the trial of the cause in which the garnishment issued. The burden of establishing the superior right is on claimant.45

44

It is error to sustain an objection to the introduction in evidence of an assignment, regular on its face, under which a third party claims title to a fund.46

44 Squires v. Pooley, 55 Okl. 224, 154 P. 1166. 45 Terry v. Parnell, 119 P. 629, 29 Okl. 846.

In action on note with garnishment against a bank which interpleaded defendant's assignees of money representing a commission which defendant and one of assignees was to receive for effecting sale of a lease, evidence held insufficient to impeach assignment for fraud. Farmers' & Producers' Bank v. First Nat. Bank (Okl.) 168 P. 1008.

46 Terry v. Parnell, 119 P. 629, 29 Okl. 846.

Where money paid into court by a garnishee is on appeal ordered to be paid to an intervener, a personal judgment for the amount of the garnished fund may not be entered against plaintiff.47

The question of the ownership of a fund garnished having once been determined against the interpleading claimant is res adjudicata as to those who took part in the adjudication and cannot be retried at the instance of a garnishee who asserts that the fund in hand belongs to such interpleading claimant.48

DIVISION VII.-WRONGFUL GARNISHMENT

§ 1879. Grounds of liability

Damages may be recovered for a wrongful garnishment only when it has been discharged on motion prior to final judgment." § 1880. Measure of damages

In an action to recover for wrongful attachment of money and notes by way of garnishment, where there is no malice nor ground for exemplary damages, the measure of damages is interest on the money and notes while held under garnishment and the necessary expenses in regaining possession; but the loss of prospective profits because a part of plaintiff's property was garnished and injury to his credit are not elements of damage.50

47 Stacher v. Rockhill, 54 P. 286, 7 Kan. App. 491.

48 City of Wichita v. Rock Island Lumber & Mfg. Co., 75 P. 463, 68 Kan. 445. 49 Scott v. Waples-Painter Co. (Okl.) 176 P. 754; Rev. Laws 1910, § 4855. 50 Dody v. State Bank of Commerce, 108 P. 804, 82 Kan. 406.

(1750)

1891.

1892.

Liability on bond.

Objections-Waiver-Collateral attack.
Contempt-Interference with receiver.

1893. Vacation of order-Supreme Court-Form.
1894.

Powers.

1895. Title and custody of property.

1896.

1897.

Liens.

Disposition of litigated property-Order-Form.

1898. Existing contracts.

Investment of funds-Application-Order-Forms.
Receiver's sales.

Distribution and disposition.

1899.

1900.

1901.

1902.

Receivership expenses.

1905. Appeals.

1906. Actions by and against receivers.

1907. Liabilit of plaintiff and third persons.
1908. Additional forms.

§ 1881. Grounds and occasion for receivership

"A receiver may be appointed by the Supreme Court, the district or superior court, or any judge of either, or, in the absence of said judges from the county, by the county judge:

"First. In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to his claim, or between partners or others jointly owning or interested in any property or fund, on the application of the plaintiff, or of any party whose right to or interest in the property or fund, or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured."