State Ex Rel. Page v. Sawyer

The respondents challenge the correctness of the judgment below on tbe facts agreed, and contend that no liability should attach to the clerk of the Superior Court, or to the surety on his bond, on account of payment to an improper person of funds in the hands of the clerk belonging to an infant when the payment has been directed by an order of the judge of the Superior Court.

On first thought, this contention on the part of the respondents would seem to be based on a reasonable construction of the law governing the clerk’s relation to the court, but, upon a closer examination of the duties…