Kelly v. Kelly

WERLEIN, Justice.

This is an appeal from a summary judgment in favor of appellees, Nancy Kathryne Kelly and her husband, Alvin Dale Kelly, in a suit brought against them by Audrey Gillen Kelly, joined by her husband, Maurice C. Kelly, for a partnership accounting, and against Chimney Rock National Bank as stakeholder of certain funds held by it as depository of a checking account styled “Kelly & Kelly Salon of Beauty.” The bank filed an answer and interpleader and paid into the registry of the court the money it held on deposit.

Appellants assert that the court erred in holding as a matter of…