Jensen v. Chicago, Milwaukee & St. Paul Railway Co.

Lees, C.

This case was here before and is reported in 156 Minn. 218, 194 N. W. 620. After it was remanded to the district court the defendant issued a voucher-check for. $8,770.11, payable to plaintiff, and deposited, it with the clerk of the district court with $8 in currency. The judgment in the district court was entered on July 17, 1923, and amounted to $8,778.11 when the deposit was made. At that *124time 'plaintiff had not yet given the bond required by section 7681, G-. S. 1913.

On August 29 his attorneys applied to the court for an order directing the plaintiff to pay to them $2,844.14 out…