Shaw v. Chester
New York Court of Chancery
Bill of interpleader, by James Shaw, as" sheriff of the city and county of New York, filed against judgment creditors who claimed money made by him under an execution. The cireumstances of the case need not be particularly detailed, as the mind of the court was turned to the point whether such a bill in such a case could be filed by a sheriff?
1Opinion of the Court
The Vice Chancellor:
The question to be disposed of is not upon the rights of the respective defendants, who may have an interest or claim upon the money in dispute: but, whether the complainant is right in bringing the matter into this court to be litigated by the defendants 1
This bill, professing to be a bill of interpleader, is filed by the complainant as sheriff of the city and county of New York—but it wants some of the usual requisites of such a bill. , There is no affidavit negativing collusion ; and this is a ground of objection by demurrer to a bill of interpleader: Mitford, 4 ed. 49…
2Cases cited1 opinion
- Curtis v. PattersonCourt for the Trial of Impeachments and Correction of Errors · 1827
3Cited by4 opinions
- Rawson v. RawsonAppellate Court of Illinois · 1888
- Harding v. HardingAppellate Court of Illinois · 1891
- Parker v. BarkerSupreme Court of New Hampshire · 1860
- Bliss v. FrenchMichigan Supreme Court · 1898