PROVISIONAL REMEDIES IN CIVIL ACTIONS
DEPOSIT IN COURT
8-701. When deposit may be ordered. When it is admitted by the pleading, or shown upon the examination of a party, that he has in his possession, or under his control, any money or other thing capable of delivery, which, being the subject of litigation, is held by him as trustee for another party, or which belongs or is due to another party, the court may order the same, upon motion, to be deposited in court or delivered to such party, upon such conditions as may be just, subject to the further direction of the court.
[(8-701) C.C.P. 1881, sec. 347; R.S., R.C., & C.L., sec. 4339; C.S., sec. 6823; I.C.A., sec. 6-701.]