Legal Opinion

Maxim v. Shotwell

Michigan Supreme Court

Decided February 27, 1920No. Docket No. 29PublishedCited by 5 opinions

Appeal from Kent; Perkins (Willis B.), J. Bill of interpleader by Dewitt C. Maxim against David S. Shotwell and Angie L. Williams, individually and as special administratrix of the estate of* Martha E. Shotwell, deceased, to enjoin an action at law and to determine the value of certain sheep. From an order denying a motion to dismiss, defendant' Shot-well appeals.

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Appeal from Kent; Perkins (Willis B.), J. Bill of interpleader by Dewitt C. Maxim against David S. Shotwell and Angie L. Williams, individually and as special administratrix of the estate of* Martha E. Shotwell, deceased, to enjoin an action at law and to determine the value of certain sheep. From an order denying a motion to dismiss, defendant' Shot-well appeals. By his bill filed in this case the plaintiff sets up the following facts: That on or about November 1, 1914, one Martha E. Shotwell had in her possession 10 sheep which she desired him to take and keep and double in four years; that…

1Opinion of the CourtFelloWs, J.

{after stating the facts). We shall only consider one of the objections discussed in defendant’s brief as it disposes of the case. This objection is:

“That there is a controversy between the plaintiff and all the defendants as to the value of the sheep and the amount of his liability.’’

In the consideration of the case we must determine whether the bill may be maintained (1) as a- strict bill of interpleader, (2) as a bill in the nature of a bill of interpleader.

1. May this bill be maintained as a strict bill of interpleader? It. was regarded as such a bill when it was filed and it asks that…

2Cases cited13 opinions

  1. Killian v. EbbinghausSupreme Court of the United States · 1884
  2. Baltimore Ohio R.R. Co. v. . ArthurNew York Court of Appeals · 1882
  3. Board of Supervisors v. . DeyoeNew York Court of Appeals · 1879
  4. Stephenson v. BurdettWest Virginia Supreme Court · 1904
  5. Crass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1892

8 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Oakland County v. BiceMichigan Supreme Court · 1971
  2. Gogebic Auto Co. v. Gogebic County Board of Road CommissionersMichigan Supreme Court · 1940
  3. Ford Motor Co. v. Wayne Circuit JudgeMichigan Supreme Court · 1929
  4. Mulford v. StenderMichigan Supreme Court · 1921
  5. Fidelity & Deposit Co. v. CodyMichigan Supreme Court · 1936

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