PAYMENT INTO COURT. In Frac tice. Depositing a 'sum of money with the proper officer of the court by the defendant in a suit, for the benefit of the plaintiff and in answer to his claim.
It may be made in some states under sta tutory provisions, 18 Ala. 293 ; 7 Ill. 671 ; 1 Barb. N. Y. 21 ; 5 Harr. Del. 17 ; 24 Ga. 211 ; 16 Tex. 461; 11 Ind. 532; and see 3 Eng. L. & Eq. 185 ; 7 id. 152 ; and in most by a rule of court granted for the purpose, 2 Bail. So, C. 28; 7 Ired. No. C. 201; 1 Swan, Tenn. 92, in which case notice of an intew tion to apply must, in general, have been previously given.
The efect is to divest the plaintiff of all right to withdraw the money, 1 Wend. N. Y. 101 ; 1 E. D. Smith, N. Y. 398; 3 Watts, Penn. 248, except by leave of court, 1 Coxe, N. J. 298, and to admit conclusively every fact which the plaintiff would be obliged to prove in order to recover the money, 1 Barnew. & C. 3 ; 6 Mees. & W. Exch. 9 ; 2 Scott, N. s. 56 ; 9 Dowl. 21; 1 Dougl. Mich. 330 ; 24 Vt..140; and see 7 Cush. Mass. 556 ; as, that the amount tendered is due, 1 Campb.
558 ; 2 id. 341 : 5 Mass. 365 ; 2 Wend. N. Y. 431 ; 7 Johns. N. Y. 315, for the cause laid in the declaration, 5 Bingh. 28, 32 ; 2 Bos. & P. 550 ; 5 Pick. Mass. 2g5 ; 6 id. 340, to the plaintiff in the character in which he sues, 2 Campb. 441 ; the jurisdiction of the court, 5 Esp. 19; that the contract was made, 3 Oomph. 52 ; 3 Taunt. 95, and broken as al leged, 1 Barnew. & C. 3, but only in refer ence to the amount paid in, 7 Johns. N. Y. 315 ; 3 Eng. L. & Eq. 548 ; and nothing be yond such facts. 1 Greenleaf, Ev. 206. And see 2 Mann. & G. 208, 233 ; 5 Carr. & P. 247.
Generally, it relieves the defendant from the payment of costs until judgment is recovered for a sum larger than that paid in. 1 Wash. Va. 10 ; 3 Cow. N. Y. 36 ; 3 Wend. N. Y. 326 ; 2 Miles, Penn. 65 ; 2 Rich. So. C. 64 ; 24 Vt. 140. As to the capacity iu which the officer receiving the money acts, see 1 Coxe, N. J. 298 ; 2 Bail. So. C. 28 ; 17 Ala. 293.