Gardiner Savings Institution v. Emerson
Supreme Judicial Court of Maine
On Appeal in Equity. This was an appeal by the defendant Emerson from the following decree in equity made in the court below: 1. That the funds in the hands of the Gardiner Savings Institution standing in the name of Jacob Emerson, being the amount stated in deposit book-No. 811 as alleged in the bill of complaint, together will all accrued interest thereon, be forthwith paid by said Gardiner Savings Institution to Fred Emery Beane, administrator of the estate of said Jacob…
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On Appeal in Equity. This was an appeal by the defendant Emerson from the following decree in equity made in the court below: 1. That the funds in the hands of the Gardiner Savings Institution standing in the name of Jacob Emerson, being the amount stated in deposit book-No. 811 as alleged in the bill of complaint, together will all accrued interest thereon, be forthwith paid by said Gardiner Savings Institution to Fred Emery Beane, administrator of the estate of said Jacob Emerson, deceased, duly appointed by the probate court for said county of Kennebec, to be administered upon by said…
1Opinion of the CourtSavage, J.
Appeal of Daniel M. Emerson from decree on bill of interpleader. The proceedings in this case appear to have been irregular. In cases of interpleader, the money should be paid into court, and if an interpleader be awarded, a decree should be made discharging the plaintiff from all liability to either party, and directing the claimants to interplead. Thereby the court fakes jurisdiction, and retains the possession and control of the fund, and the plaintiff ceases to be a party to the litigation. In this case, the money does not appear to have been paid into court, and there was no decree to…
2Cases cited3 opinions
- Church v. ChapinSupreme Court of Vermont · 1862
- Carpenter v. RobinsonU.S. Circuit Court for the District of Rhode Island · 1871
- Felker v. ChubbMichigan Supreme Court · 1892
3Cited by4 opinions
- Campbell v. CampbellSupreme Court of Iowa · 1906
- Boyle v. GrayCourt of Appeals for the First Circuit · 1928
- Dirks v. Union Savings Ass'nSouth Dakota Supreme Court · 1918
- Boyle v. GrayCourt of Appeals for the First Circuit · 1928