Board of Education v. Scoville
Supreme Court of Kansas
Error from Atohison District Court. The Board of Education of the City of Atchison, as plaintiff, brought suit against Wm. Saoville, H. T. Smith and Wm. C. Smith, as partners, M. M. Trimmer and John F. Thompson, as partners, D. P. Blish and John B. Silliman, as partners, A. B. Decker, and Sarah A. Baker, and also against Clark & Co., and eight others, as defendants.
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Error from Atohison District Court. The Board of Education of the City of Atchison, as plaintiff, brought suit against Wm. Saoville, H. T. Smith and Wm. C. Smith, as partners, M. M. Trimmer and John F. Thompson, as partners, D. P. Blish and John B. Silliman, as partners, A. B. Decker, and Sarah A. Baker, and also against Clark & Co., and eight others, as defendants. The petition was in the nature of a Bill of Interpleader, reciting that there was in plaintiff’s possession the sum of $700.91 due to Clark & Co. or their creditors, being a balance due for building a certain school-house; that…
1Opinion of the Court
*26The opinion of the court was delivered by
Valentine, J.:
1. Interpleader. That an action in the nature of a “Bill ■ of Interpleader” may be maintained under our system of practice, whenever a proper case is made therefor, and whenever the plaintiff has no other adequate remedy, wehave no doubt. And we think the action may be maintained whenever the plaintiff has no adequate remedy in the nature of an action at law. The first and main question then for our consideration is, whether a proper case for interpleader has been made out in this particular case. Involved however in this main question…
2Cases cited1 opinion
- Arthur v. HaleSupreme Court of Kansas · 1870
3Cited by26 opinions
- Waggoner v. JohnstonSupreme Court of Oklahoma · 1965
- Anderson Cattle Co. v. Kansas Turnpike AuthoritySupreme Court of Kansas · 1957
- Phillips v. TaylorCourt of Appeals of Maryland · 1925
- Hoyt v. GougeSupreme Court of Iowa · 1904
- Atlantic and Pacific Railroad Company v. HopkinsSupreme Court of the United States · 1877
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