Haseltine v. Brickey
Supreme Court of Virginia
This was a bill of interpleader filed in the .Circuit court of Scott county by John C. Brickey against Hasel■tine & Walton, E. A. Millard and others. Haseltine & Walton had brought two actions of debt against Nathaniel M. Hicks in the County court of Scott county; and pending these actions Hicks removed to the State of Tennessee. The plaintiffs then sued out-attachments in their actions, and on the 29th of January, 1856, Brickey was summoned as a garnishee.
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This was a bill of interpleader filed in the .Circuit court of Scott county by John C. Brickey against Hasel■tine & Walton, E. A. Millard and others. Haseltine & Walton had brought two actions of debt against Nathaniel M. Hicks in the County court of Scott county; and pending these actions Hicks removed to the State of Tennessee. The plaintiffs then sued out-attachments in their actions, and on the 29th of January, 1856, Brickey was summoned as a garnishee. At the March and June terms of the court he appeared and declared on oath that he was indebted to Hicks in the sum of $725, payable on…
1Opinion of the Court
Lee. J.
The only question which in my view of this case is material to be considered, is whether the bill was filed in due time to entitle the complainant to the interpo*118sition of the court of equity by requiring the adversary claimants of the fund in his hands to interplead.
The debt due from Brickey to Hicks was created on the 19th of January, 1856, and was payable on the 1st of January, 1857. The note by which it was evidenced was assigned to the appellee Millard by an endorsement thereon, dated the 21st of January, 1858. On the 29th of January, 1856, Brickey was summoned as a garnishee under…
2Cases cited1 opinion
- Wilson v. DavissonSupreme Court of Virginia · 1816