Hammer v. Kaufman
Illinois Supreme Court
Appeal from the Circuit Court of Macon county; the Hon. Charles Emerson, Judge, presiding. This was an appeal from an order made by the court helow, upon the clerk, William L. Hammer, to pay over to the appellees, certain money which had been deposited with him, upon, the filing of a bill in equity, by one Joseph Smallwood, against these appellees and others, defendants.
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Appeal from the Circuit Court of Macon county; the Hon. Charles Emerson, Judge, presiding. This was an appeal from an order made by the court helow, upon the clerk, William L. Hammer, to pay over to the appellees, certain money which had been deposited with him, upon, the filing of a bill in equity, by one Joseph Smallwood, against these appellees and others, defendants. The money had been deposited by Smallwood, as a tender to the defendants, but it had never been treated or recognized by the court as a fund of the court; nor had the defendants ever manifested any willingness to accept it. A…
1Opinion of the CourtChief Justice Walker
The money, in this case, was paid into the hands of the clerk by complainants while the original cause was pending. It was not under an order of, nor does it appear to have been within the knowledge of, the court below. There is nothing from which'it can be inferred that the clerk was either a general or special receiver or depositary of the court, or that the payment, after it was made, was recognized or treated as a fund in court. For aught that appears, this was only a tender made by com-' plainants to defendants when he filed his bill to be permitted to redeem. They, however, seem, by…
2Cases cited1 opinion
- Morrow v. SmithCourt of Appeals of Kentucky · 1843
3Cited by10 opinions
- People v. McGrathIllinois Supreme Court · 1917
- State Ex Rel. Rogers v. OdomSupreme Court of North Carolina · 1882
- Phipps v. WatsonSupreme Court of Florida · 1933
- Wisconsin Livestock Ass'n v. BowermanWisconsin Supreme Court · 1930
- Linson v. BarnesSupreme Court of Oklahoma · 1929
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