National Automobile Insurance v. Vaughn

Head, Justice.

A petition for interpleader is an equitable proceeding. Terhune v. Pettit, 195 Ga. 793, 795 (25 S. E. 2d 660). All questions as to the value of the automobile insured by the plaintiff, being questions of fact, could be determined in the Civil Court of Fulton County, and the intervention of equity to determine the value of the automobile would be wholly unauthorized.

“Under numerous decisions of this court in relation to the subject-matter of fire insurance, all persons interested in the contract should be joined, in order properly to adjudicate the question of liability or…