8-123. SATISFACTION OF JUDGMENT FROM DEPOSIT — REFUND. Where money has been deposited, if it remains on deposit at the time of the recovery of a judgment in favor of the plaintiff, the clerk must, under the direction of the court, apply the same in satisfaction thereof; and after satisfying the judgment, refund the surplus, if any, to the person who made the deposit. If the judgment is in favor of the defendant, the clerk must, under the direction of the court refund to the person who made the deposit the whole sum deposited and remaining unapplied.
History:
[(8-123) C.C.P. 1881, sec. 292; R.S., R.C., & C.L., sec. 4262; C.S., sec. 6751; I.C.A., sec. 6-123; am. 1997, ch. 106, sec. 4, p. 251.]