Peter Vivian Daniel, Ervin v. Thompson — Opinion of the Court
“ Can it be doubted that upon application from those whose interests are involved in the performance of his duties by the marshal, it is the right and the duty of the court in such a case to correct the irregularities of its officer, and to compel him to perform his duty? There is inherent in every court a power to supervise the conduct of its officers, and the execution of its judgments and process. ”
Peter Vivian Daniel, Ervin v. Thompson — Opinion of the Court
“ A payment, therefore, of an execution in bank-notes, with a return 'satisfied,' will, of course, not prevent the plaintiff from pursuing the defendant with further executions, if he can show that such payment was made in bank-notes; for such payment, if good at all, is good for itself, and not made good or bad according as the sheriff may report the facts in his return. If it can ever be good, it is only so because it is a discharge lawfully made of the defendant's debt. ”
Peter Vivian Daniel, Ervin v. Thompson — Opinion of the Court
“ These principles of tender and payment in bank-notes, as between debtor and creditor, have never been questioned. Copper coin, Treasury notes, and bank-notes, are the greater part of our currency; and as all society use them as currency, as the law recognises and legalizes their circulation, debtors may lawfully tender them in payment, and creditors may lawfully receive them, though not legally bound to do so.The marshal is the plaintiff's agent, who, by his execution, may receive payment of the plaintiff's debt. ”
