The Federal Reporter. Volume 4: Cases Argued and Determined in the Circuit and District Courts of the United States. October-December, 1880. Page: 73
xiv, 928 p. ; 23 cm.View a full description of this legislative document.
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LEECH V. KAY.
in bankruptcy or not, or whether he claims the property in
dispute in that capacity or not, it is competent for the court
to order the money to be paid into the registry, or to appoint
a receiver of it as in other equity cases. But neither the final
decree nor any interlocutory order has made such disposition
of the money. It is insisted by the clerk, however, that it is
constructively in court because the assignee is distributing it
under the orders of the court, or holds it as if paid to him by'
the court here, and therefore it should be considered as hav-
ing been paid by him into the registry and returned to him
through it. The final decree shows that this is a misappre-
hension of it. After adjudging the property, which was a ware-
house, to the assigned, it goes on to say, "to be held and dis-
tributed as such, [assets of Sebree & Hobson, the bankrupts,]
in bankruptcy, in and by the district court of the United States,
* * * in the matter of Sebree & Hobson, bankrupts,
through the register before whom said case is pending in
bankruptcy."
It is therefore being distributed in the district court, and
not this court. But, aside from this, the bankrupt law pro,
vides that the assignee shall deposit the money in his own
name as assignee in some bank, and does not contemplate
that he shall pay it into the registry. Revised Statutes, 5059.
It can never go there, except by some order of court making
that disposition of it, as in ordinary cases of litigation, for
satisfactory reasons appearing in the suit in which the order
is made. In the case of Ex part Prescott, cited by the clerk/
there was an order that the marshal deposit the money in
bank, subject to the order of the court, and though it was not
in the registry, but in the name of the marshal in a bank,
Mr. Justice Story held that it was, in legal intendment, de-
posited in court, and allowed the clerk his fees. 2 Gall. 145 ;
1 Bright, Dig. 274, and note. And so, in The Avery, 2 Gall.
308, the same learned judge held that where it was the duty
of the marshal to pay a fund into, court, upon a salependente
lite, the clerk was entitled to his commissions, although if the
sale had been made on- final decree the marshal could him-
self distribute it. The case E parte Plitt, 2 Wall. Jr. 453,_~
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Boyle, Peyton. The Federal Reporter. Volume 4: Cases Argued and Determined in the Circuit and District Courts of the United States. October-December, 1880., legislative document, 1881; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc36333/m1/87/: accessed July 17, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.