Lincoln National Life Insurance v. Mitchell

Opinion

JEFFERSON, Acting P. J.

Plaintiff, The Lincoln National Life Insurance Company, filed a complaint for declaratory relief and for interpleader (pursuant to Code Civ. Proc., § 386, § 386.5, and § 386.6). Named de fendants were Walter A. Mitchell (hereinafter Walter) and Marguerite L. Nook Mitchell (hereinafter Marguerite). Walter was served and, after his demurrer to the complaint had been overruled, answered denying the existence of grounds for interpleader. Failing to effect service on Marguerite, and having determined that she was in a state mental institution pursuant to a commitment…