Ireland v. Kelly

Grey, V. C.

The defendant Kelly has fully answered the bill. She now moves to strike it out under rule 213, “for the reason that the bill, if true, does not show the proper case for interpleader, and for the further cause that the answers filed by the defendant in this suit show that it is not a proper case for interpleader.”

The motion of the defendant is equivalent to a demurrer to the bill, which she has chosen to answer fully. The rule invoked provides that “any objections to a pleading or any part thereof may be made and adjudicated upon without the filing of a demurrer or exceptions,” &c.

T…