Legal Opinion

Smith v. Horton

Supreme Court of Georgia

Decided January 11, 1916PublishedCited by 3 opinions

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

  1. Daniel v. Citizens & Southern National BankSupreme Court of Georgia · 1936
  2. Brown v. AndersonSupreme Court of Georgia · 1938
  3. Estill v. EstillSupreme Court of Georgia · 1917

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API