Smith v. Horton
Supreme Court of Georgia
Interpleader. Before Judge Patterson. Floyd superior court. December 23, 1914.
1Opinion of the CourtHill, J.
1. A strict bill of interpleader involves to some extent two suits: first, a proceeding by a person holding a fund or property, or owing a debt or duty to persons making adverse claims thereto, for the purpose of compelling the adverse claimants to litigate among themselves in regard thereto and to obtain a discharge of the original plaintiff from liability (usually upon paying the fund into court, where there is litigation over a fund) ; and second, a litigation between the rival claimants to determine who is entitled to such fund, .where the litigation is over it. The original plaintiff is…
2Cited by3 opinions
- Daniel v. Citizens & Southern National BankSupreme Court of Georgia · 1936
- Brown v. AndersonSupreme Court of Georgia · 1938
- Estill v. EstillSupreme Court of Georgia · 1917