Mortgage B. & L. Ass'n v. Van Sciver

Opinion by

Me. Justice Simpson,

Without requiring a formal issue to be prepared and filed, the trial judge directed that this sheriff’s inter-pleader should be tried with the Mortgage Building & Loan Association as plaintiff, and the New Irving Hotel Company, Inc., J. B. Van Sciver & Co. and Purdy B. Moyer, as defendants; and each of the parties (except the Hotel Company, which took no part in the proceedings) produced evidence to sustain its or his contention. When the evidence was closed, the trial judge, with the consent of all the parties, so far as regards the character of the…