Divorce and. alimony—Right of wife to credits of husband, when the latter’s debtor made a party—No injunction necessary— Custody of the law.
(Decided October 31, 1893.)
Error to the Circuit Court of Erie county.
Minnie Brennan brought her action against her husband, Edgar H. Brennan, for divorce and alimony, in the court of common pleas of Erie county, and made The Eakeside & Marblehead Railroad Company a defendant, alleging *590in her petition that the railroad company was indebted to-her husband in the sum of $1,126.37, for which the husband had recovered a judgment against the railroad company-in the court of common pleas of Ottawa county; and she asked and obtained a temporary injunction enjoining the railroad company from paying over to her husband the amount of said judgment or any part thereof.
The railroad company answered, and denied having any money in its hands belonging to the husband, and averred that the judgment had been set aside and vacated. The case was tried upon its merits, and a divorce granted and alimony adjudged to her in the sum of $20,000; but her petition, as against the railroad company, was dismissed at her costs on the 18th day of April, 1889. On the same day she gave notice of her intention to appeal to the circuit court from this judgment of dismissal, and the bond was fixed at fifty dollars which was given the same day.
About April 25, 1889, the railroad company allowed the husband to take judgment against the company for the sum of $852.00 in the same case in which the judgment had been set aside by the court. On April 25, 1889, the railroad company paid the amount of the judgment, $852.00, to the sheriff of Ottawa county, upon an execution held by the sheriff against the husband in favor of a creditor, as provided in section 5482, Revised Statutes of Ohio.
In the circuit court the railroad company filed an amended answer, in which the payment to the sheriff was fully set out.
The cause was heard upon the merits in the circuit court, and a judgment rendered in favor of the plaintiff below, and the railroad company was ordered to pay over to her said sum of $852.00. To all of which the railroad company excepted,, and filed its petition in error in this court to reverse the judgment of the circuit court.
B. J. Blandin and T. Alvord, for plaintiff in error.
Homer Goodwin, for defendant in error.
Held: That no injunction was necessary to prevent the railroad company from paying the money over to the husband. The company, having been made a party defendant to the action, was bound to hold the money to abide the final disposition of the case, the money being regarded as in the custody of the law.
Judgment affirmed.
50 Ohio St. (n.s.) 589
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