Legal Opinion · Dissent

Equitable Life Insurance v. Johnston

Supreme Court of Iowa

Decided December 17, 1935No. 42968Published

1DissentRichards, J.

(dissenting) — The majority opinion holds in substance that plaintiff’s petition is a bill of interpleader. But the writer is of the opinion that the petition was neither such bill of interpleader as was recognized as an equitable remedy Avithin the jurisdiction of courts of chancery before the adoption of the Code, nor is it recognizable as conforming to any statutory procedure. The petition fails as a pre-Code bill of interpleader in a vital respect, that is, the plaintiff does not appear as a stakeholder wholly without interest, direct or indirect, in the outcome of the issues in the…

2Cases cited5 opinions

  1. Groves v. SentellSupreme Court of the United States · 1894
  2. McNamara v. Provident Sav. Life Assur. Soc.Court of Appeals for the Fifth Circuit · 1902
  3. Hoyt v. GougeSupreme Court of Iowa · 1904
  4. Welch v. City of BostonMassachusetts Supreme Judicial Court · 1911
  5. City of Montpelier v. Capital Savings BankSupreme Court of Vermont · 1903

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