By the Court,
Savage, Ch. J.
The motion is denied, with costs. The clerk had no right to receive the money, without a rule of court, and acted correctly in returning it to the defendant. (See 2 T. R. 62; 1 Sell. Prac. 18, 277, 8, 9; 1 Tidd, 566.)
Baker v. Hunt
Lead Opinion