Legal Opinion

Franklin v. Southern Railway Co.

Supreme Court of Georgia

Decided March 30, 1904PublishedCited by 13 opinions

Injunction and interpleader. Before Judge Lumpkin. Fulton superior court. December 14, 1904.

1Opinion of the Court

TubneRj J.

1. Before one occupying the situation of a stakeholder can call upon adverse claimants of a fund in his hands to interplead, he must satisfactorily show to the court that their claims have such a “ foundation in law as will create a reasonable doubt ” as to his safety in undertaking to determine for himself to whom the fund belongs; for the “old rule, that the stakeholder is entitled to be removed beyond the shadow of a risk, and that, in order to entitle him to the protection of the court, it is only necessary to establish that suits have been brought, or that claimants have…

2Cited by13 opinions

  1. Panfel v. BoydCourt of Appeals of Georgia · 1988
  2. Smith v. FolsomSupreme Court of Georgia · 1940
  3. Cannon v. WilliamsSupreme Court of Georgia · 1942
  4. Western & Atlantic Railroad v. Union Investment Co.Supreme Court of Georgia · 1907
  5. Knight v. JacksonSupreme Court of Georgia · 1923

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