Marcus v. Aufses
City of New York Municipal Court
Action by one Marcus against one Aufses. On motion for an •order of interpleader.
1Opinion of the CourtSeabury, J.
This is a motion for an order of interpleader. If this court makes an order of interpleader under section 820 of the Code of Civil Procedure, the action thereafter becomes an •equitable one, and the City Court, being without equitable jurisdiction, will, in my opinion, be without power to proceed with the action. An examination of the authorities relating to the subject has led me to the conclusion that by making an order of interpleader the City Court thereby deprives itself of jurisdiction to proceed further with the action. There can be no doubt that after granting an order of interpleader…
2Cases cited14 opinions
- Barry v. . Mutual Life Ins. Co. of N.Y.New York Court of Appeals · 1873
- Clark v. . MosherNew York Court of Appeals · 1887
- Thomas v. . HarmonNew York Court of Appeals · 1890
- Dinlay v. McCullaghNew York Supreme Court · 1895
- Windecker v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Krugman v. Hanover Fire InsuranceCity of New York Municipal Court · 1902