McKinney v. Kuhn
Mississippi Supreme Court
Appeal from the Chancery Court of Warren County. Hon. Upton M. Young, Chancellor. An injunction against the levy of executions, under judgments obtained by Alexander Kuhn and Field, Morris & Fenner against the appellant, was dissolved on motion upon the face of his bill of interpleader, without proof or answer, notwithstanding the allegations that, upon his note payable to Brown & Bro. he was garnished in an attachment by Field, Morris, & Fenner, who obtained judgment on his…
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Appeal from the Chancery Court of Warren County. Hon. Upton M. Young, Chancellor. An injunction against the levy of executions, under judgments obtained by Alexander Kuhn and Field, Morris & Fenner against the appellant, was dissolved on motion upon the face of his bill of interpleader, without proof or answer, notwithstanding the allegations that, upon his note payable to Brown & Bro. he was garnished in an attachment by Field, Morris, & Fenner, who obtained judgment on his answer admitting the debt, before he heard of its indorsement to Alexander Kuhn. The debtor could not plead the…
1Opinion of the CourtCoopek, J.
The bill in this cause is not maintainable as a bill for an interpleader, because the complainant did not seek the interposition of the court until after judgments had been rendered against him at law, in favor of the attaching creditors of Brown & Bro., and of the assignee of the note made by him to them. It is well settled, both by reason and authority, that one who asks the interposition of a court of equity to compel others, claiming property in his hands, to interplead, must do so before putting them to the test of trials at law. Yarborough v. Thompson, 3 S. & M. 291; Haseltine v.…
2Cases cited1 opinion
- Haseltine & Walton v. BrickeySupreme Court of Virginia · 1860
3Cited by9 opinions
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- Austin v. MarchSupreme Court of Minnesota · 1902
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- Montgomery Ward & Co. v. Fidelity & Deposit Co. of MarylandDistrict Court, N.D. Illinois · 1946
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