Perkins v. Guy
Montana Supreme Court
Appeal from First District, Gallatin County. Tiie demurrer to the complaint was sustained by IVIurpiiy, J., on the ground that the same did not state facts sufficient to constitute a cause of action, and Perkins appealed.
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Appeal from First District, Gallatin County. Tiie demurrer to the complaint was sustained by IVIurpiiy, J., on the ground that the same did not state facts sufficient to constitute a cause of action, and Perkins appealed. The sections of the Civil Practice Act, approved December 23,1867, referred to in the opinion, are embodied in the Practice Act, approved January 12, 1872. Appellant had no remedy under laws of Territory, and this is a proper case for a bill of interpleader. 1 Bduv. L. Diet., “Inter-pleader ; ” 1 Danl. Ch. 64; Fichareis v. Salter, 6 Johns. Ch. 445 ; Story’s Eq. PL, § 297e;…
1Opinion of the CourtKNOwles, J.
This is a bill of interpleader, brought by the plaintiff to compel the defendants to set np their rights, and have the same determined, to certain moneys in the possession of plaintiff.
The facts set up in the bill are substantially as follows: On the 1st day of November, 1871, ~W. D. Pobinson recovered a judgment against the plaintiff in the district court of Gallatin county, for the sum of $181.50, and costs of suit. On the 2d day of November of the same year, the defendants, Fridley, Hopping and McKenzie, each commenced suit against Pobin-son, and, as auxiliary thereto, had issued a writ of…
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