Austin v. Clark

The appellant as plaintiff brought a common law action of assumpsit against IT. R. Mathews, Jr., for money had and received, to recover the sum of $2,200 alleged to be loot gained in the accomplishment of robbery, the money being recovered from a cache in the edge of the woods, where it was hidden by plaintiff, the alleged robber. Mathews on being served made an affidavit in compliance with Section 1179, Title 7, Code 1940, that Clark who was not a party to the suit, without collusion with him, claimed the money in controversy and deposited the money in court, praying an order that Clark be…