Legal Opinion

Supreme Lodge Order Mutual Protection v. Raddatz

Appellate Court of Illinois

Decided December 30, 1894PublishedCited by 2 opinions

Memorandum.—Bill of interpleader. Appeal from an order dismissing the bill for want of equity. Rendered by the Circuit Court of Cook County; the Hon. Richard S. Tüthill, Judge, presiding.

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Memorandum.—Bill of interpleader. Appeal from an order dismissing the bill for want of equity. Rendered by the Circuit Court of Cook County; the Hon. Richard S. Tüthill, Judge, presiding. Heard in this court at the October term, 1894. Statement oe the Case, The bill of interpleader of Supreme Lodge Order Mutual Protection, alleges that it is a fraternal and benevolent organization, existing under the laws of the State of Missouri, with headquarters both in the State of Missouri and Illinois, doing business and operating branches in the city of Chicago, for the purpose of giving to its members…

1Opinion of the Court

Mr. Presiding Justice Waterman

delivered the opinion of the Court.

We regard the controversy in this cause as determined by the case of Livingston v. Bank of Montreal, 50 Ill. App. 566. It is not necessary that the bill of interpleader should show an apparent title in either of the defendants, claimants, from the vexation and expense of suits by which the compláinant seeks relief.

v The stakeholder who files the bill can not be presumed to know all the facts upon which various parties are claiming from him the same thing; therefore he is not required to set forth matters and things which show an…

2Cited by2 opinions

  1. Byers v. Sansom-Thayer Commission Co.Appellate Court of Illinois · 1904
  2. National Rose Co. v. Mundet Cork Corp.Appellate Court of Illinois · 1937

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