Neal v. Newland
Supreme Court of Arkansas
This was a proceeding by interpleader in attachment, determined in the Randolph Circuit Court, in April, 1842, before the Hon. Thomas Johnson, one of the Circuit Judges. Newland had sued Meeks Neal, and by writ of attachment taken certain property. The record states that Benjamin B. Neal came, by attorney, and claimed the property attached, and moved the Court to be permitted to inter-plead. That leave was granted, and the case continued.
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This was a proceeding by interpleader in attachment, determined in the Randolph Circuit Court, in April, 1842, before the Hon. Thomas Johnson, one of the Circuit Judges. Newland had sued Meeks Neal, and by writ of attachment taken certain property. The record states that Benjamin B. Neal came, by attorney, and claimed the property attached, and moved the Court to be permitted to inter-plead. That leave was granted, and the case continued. At the next term, a jury was sworn, lo try the right of property claimed by Benjamin B. Neal. The jury found for Newland. Judgment for Newland, against B.…
1Opinion of the Court
By the Court,
Dicninson, J.
We have not considered the instructions of the Court upon the trial, because the .transcript (and its truth is not controverted,) shows nothing lo try. Although leave was ' granted to interplead, it never was done. This proceeding by way of interpleader partakes of an equitable character. Its object is to save unnecessary litigation, because the title' can be tried and determined with the same facility as if a new action was instituted. But such interpleader must be in writing, and embody sufficient matter to make up an issue upon, if necessary, and support a verdict…
2Cited by3 opinions
- Bachus v. BachusSupreme Court of Arkansas · 1950
- Rosewater v. Schwab Clothing Co.Supreme Court of Arkansas · 1894
- Hershy v. Clarksville InstituteSupreme Court of Arkansas · 1854