McLain v. Draper

On the 5th day of September, 1884, Marion Meredith instituted proceedings in attachment against George B. Draper, and on the 18th day of November, of that year, the cause was called, and a rule to answer was-taken by Meredith. On the forenoon of that day, the attorney of Draper delivered to Meredith’s attorney a check for' the amount of his claim, which was accepted as payment.. *557At the time the check was delivered, the deputy clerk was informed that the cause was dismissed, and this announcement was made “ in the court-room, but was not addressed to the court nor heard by the judge, and no…