PORTER, Justice.
On October 6, 1953, respondent was the defendant in a criminal proceeding pending in the District Court in Lemhi County. On such date he posted with the sheriff of such county the sum of $1,000 cash as a bail bond. Such bail money was deposited by the sheriff with the clerk of such court.
On October 10, 1953, appellant commenced this action against respondent to recover wages and penalties alleged to be due appellant.
On October 12...
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