Little v. St. Louis Union Trust Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. John A. Blevins, Judge. (1) “It is very well settled that an interpleading suit involves two successive litigations; one between the plaintiff in the bill and the defendants, upon the question whether or not the defendants shall inter-plead; the other between the different defendants, i. e., the interpleading itself.
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Appeal from St. Louis City Circuit Court. — Eon. John A. Blevins, Judge. (1) “It is very well settled that an interpleading suit involves two successive litigations; one between the plaintiff in the bill and the defendants, upon the question whether or not the defendants shall inter-plead; the other between the different defendants, i. e., the interpleading itself. The subjects of these two litigations are wholly separate and distinct, and, therefore, require separate and distinct allegations and proofs. In such a case the only decree that a plaintiff can have is that the defendants do…
1Opinion of the CourtValliant, J.
This is an appeal from a decree sustaining a bill of interpleader. The plaintiffs as stockholders of the Kansas & Texas Coal Company, brought suit in behalf of themselves and all other such stockholders against the St. Louis Union Trust Company to compel payment to them of what they claim is a balance of a trust fund applicable to their stock. The defendant, The St. Louis Union Trust Company, filed a cross-bill, in the nature of a bill of interpleader, admitting the possession of the fund, but averring that other parties claimed it, adverse to the plaintiffs’ claim, making those other parties…
2Cases cited5 opinions
- Crane v. . McDonaldNew York Court of Appeals · 1890
- Hayden's Executors v. MarmadukeSupreme Court of Missouri · 1854
- Funk v. ThomassonMissouri Court of Appeals · 1900
- Sullivan v. Knights of Father MathewMissouri Court of Appeals · 1898
- Board of Supervisors v. AlfordMississippi Supreme Court · 1887
3Cited by10 opinions
- St. Louis Southwestern Railway Co. v. MeyerSupreme Court of Missouri · 1954
- Stusser v. Mutual Union InsuranceWashington Supreme Court · 1923
- Smith v. Grand Lodge A. O. U. W.Missouri Court of Appeals · 1907
- Massachusetts Mut. Life Ins. Co. v. WeinressDistrict Court, N.D. Illinois · 1942
- County Court of Clay Co. v. BakerMissouri Court of Appeals · 1922
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