PAYMENT INTO COURT. In Practice. 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 stat utory provisions ; State v. Weaver, 18 Ala. 293 ; Mason v. Croom, 24 Ga. 211; Brock v. Jones' Ex'r, 16 Tex. 461; Clark v. Mullenix, 11 Ind. 532; and in most by a rule of court made for the purpose; Mazyck & Bell v. McEwen, 2 Bail. (S. C.) 28 ; State v. Brough ton, 29 N. C. 100, 45 Am. Dec. 507; in which case notice of an intention to apply must, in general, have been previously given.
The effect is to divest the defendant of all right to withdraw the money ; Murray v. Bethune, 1 Wend. (N. Y.) 191; Clement v. Bixler, 3 Watts (Pa.) 248; except by leave of court ; Mott v. Pettit, 1 N. J. L. 298; and to admit conclusively every fact which the plaintiff would be obliged to prove in order to recover it ; 6 M. & W. 9 ; Goslin v. Hod son, 24 Vt. 140; Elliott v. Ins. Co., 66 Pa. 27, 5 Am. Rep. 323; as, that the amount tendered is due; 1 Campb. 558; Boyden v. Moore, 5 Mass. 365; Spalding v. Vandercook, 2 Wend. (N. Y.) 431; for the cause laid in the declaration ; 2 B. & P. 550 ; Jones v. Hoar, 5 Pick. (Mass.) 285 ; 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 Campb. 52; and broken as alleged ; 1 B. & C. 3; but only in reference to the amount paid in ; Johnston v. Ins. Co., 7 Johns. (N. Y.) 315 ; 3 E. L. & E. 548; and nothing beyond such facts ; 1 Greenl. Ey. § 206.
Under the rule in England money may be paid into court in satisfaction, and with or without denying liability therefor.
Generally, it relieves the defendant from the payment of further costs unless judg ment is recovered for a sum larger than that paid in; Atkins v. Colton, 3 Wend. (N. Y.) 326; Broughton v. Richardson, 2 Rich. (S. C.) 64 ; Goslin v. Hodson, 24 Vt. 140; Coghlan v. R. Co., 32 Fed. 316.
Payment of money into court, when the declaration is on a special contract, is an acknowledgment of the right of action to the amount of the sum brought in, and no more ; 1 Tidd's Pr. 624. It does not waive the benefit of a defence, though that be to the whole claim; Funk v. Smith, 66 Pa. 27, 5 Am. Rep. 326; Branch v. U. S.., 100 U. S. 673, 25 L. Ed. 759. But no defence can de prive the plaintiff of the right to the money in court. See TENDER.