Taylor v. Perkins
Missouri Court of Appeals
Appeal from. Chariton Circuit Court. — Hon. Fred Lamb, Judge. ■ The conrt erred in refusing to sustain defendant Prince’s demurrer to the original hill of interpleader. The bill itself sets up all the facts necessary to establish said defendant’s lien against the fund in the inter-pleader’s hands, and the court should have sustained the demurrer and ordered the fund paid to defendant Prince. R. S. 1909, sec. 964-65; United Railways Co. v. O’Connor, 153 Mo.
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Appeal from. Chariton Circuit Court. — Hon. Fred Lamb, Judge. ■ The conrt erred in refusing to sustain defendant Prince’s demurrer to the original hill of interpleader. The bill itself sets up all the facts necessary to establish said defendant’s lien against the fund in the inter-pleader’s hands, and the court should have sustained the demurrer and ordered the fund paid to defendant Prince. R. S. 1909, sec. 964-65; United Railways Co. v. O’Connor, 153 Mo. App. 128; Wait v. Railroad, 204 Mo. 491; Taylor v. Transit Co., 198 Mo. 715. After the court improperly submitted the case to the jury, it…
1Opinion of the CourtEllison, J.
A bill of interpleader was filed by plaintiff Taylor setting forth that be field in fiis bands the sum of $980, wfiicfi was claimed by 0. W. Prince, an attorney at law, as a fee, and by Harvey "W. Perkins as administrator of the estate of J-ames R. Gr. Perkins. Taylor asked that these parties be required to interplead for the money. The trial court made the order and the parties filed their claims accordingly. The court, over the protest of Prince, then proceeded to try the case with a jury as an ordinary action at law. A verdict was rendered for Perkins and judgment entered accordingly.…
2Cases cited20 opinions
- Bent v. PriestSupreme Court of Missouri · 1885
- Taylor v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Morton v. ForseeSupreme Court of Missouri · 1913
- Duke v. HarperSupreme Court of Missouri · 1877
- Kelerher v. HendersonSupreme Court of Missouri · 1907
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3Cited by8 opinions
- Watkins v. SedberrySupreme Court of the United States · 1923
- Jamison Coal & Coke Co. v. GoltraCourt of Appeals for the Eighth Circuit · 1944
- Curry v. DahlbergSupreme Court of Missouri · 1937
- Jackson Savings & Loan Ass'n v. SeabaughMissouri Court of Appeals · 1965
- Freerks v. NurnbergNorth Dakota Supreme Court · 1916
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