CANAL ZONE, ex rel., KNOX & CO. V. GOOLSBY. 6

That said fund of money when so turned over to the clerk of said court was in custodia legis and being in such custody could not be subject to any claim or demand of any kind or nature except when made the subject of direct attack, in a proper proceeding;
That there was not on June 10 aforesaid, and is not now any lien, right, title, or interest in any person or persons whomsoever in or to said fund other than the relators;
That the intervening petition of the Tropical Trading Company and of the Rice Stix Dry Goods Company are not based on jurisdictional or legal grounds.
That as there i,5 nothing other than a ministerial act required to put the relator in the possession of said money and there being no jurisdiction on which judicial discretion could be based;
Therefore, it is considered by the court that a peremptory writ of mandamus do issue herein commanding the respondent forthwith to pay to the relators or their lawfully and duly recognized attorneys the sum of four thousand four hundred and thirty-four dollars ($4,434) now in his hands by order of court entered in the cause of William H. Knox & Company versus M. Succari on June 10, 1910, and to credit the said amount on the judgment in said cause.
It is ordered that title of said cause be changed to conform with the title in this order.
It is further ordered that the intervening petitions of the Tropical Trading Company and the Rice Stix Dry Goods Company be dismissed at the costs of the petitioners and the costs of this proceeding be taxed against the relators.
The CHIEF JUSTICE concurred.
Writ denied.
MR 36 336-5

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