Currie v. Thomas
Supreme Court of Alabama
Error to the Circuit court of Barbour county. Assumpsit on a promissory note, tried before Picket, J. The defence, in this case, was, that a former action had been brought against defendant, by one Pugh, on the identical note, and that the defendant had paid the amount called for by the note, to the clerk of the court, whose receipt for the same was produced.
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Error to the Circuit court of Barbour county. Assumpsit on a promissory note, tried before Picket, J. The defence, in this case, was, that a former action had been brought against defendant, by one Pugh, on the identical note, and that the defendant had paid the amount called for by the note, to the clerk of the court, whose receipt for the same was produced. Objections were made to the evidence, relied on to make out the de-fence, on the ground, that the clerk was not authorised to receive the payment —which were overruled by the court. Yerdict and judgment for defendant. The errors assigned…
1Opinion of the CourtGoldthwaite, J.
— There arc several stages in the proceedings of- a case, in which the clerk of a court is by law authorised to he the holder of the moneys which may be paid into court. Thus, on plea pleaded, when the cause of action is admitted to a partial extent, and denied as to the residue. So in the case of a tender — So, also, when money is paid into-court in satisfaction of-a judgment. In all these cases, however, the money is presumed'to be brought before the court, and as it can have no custody of money, it of necessity remains with the clerk, as the fiduciary of the court. But independent of…
2Cited by2 opinions
- Governor v. ReadSupreme Court of Alabama · 1862
- Brown v. PeopleSupreme Court of Colorado · 1876