Kellogg v. Mutual Life Insurance
Court of Appeals for the D.C. Circuit
Hearing on an appeal by one of two defendants from a decree of the Supreme Court of the District of Columbia sitting as a court of equity, sustaining a bill of interpleader. The Court in the opinion stated the case as follows: This is an appeal from a decree in equity of the supreme court of the District of Columbia sustaining a bill of interpleader filed by the appellee, the Mutual Life Insurance Company of New York.
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Hearing on an appeal by one of two defendants from a decree of the Supreme Court of the District of Columbia sitting as a court of equity, sustaining a bill of interpleader. The Court in the opinion stated the case as follows: This is an appeal from a decree in equity of the supreme court of the District of Columbia sustaining a bill of interpleader filed by the appellee, the Mutual Life Insurance Company of New York. The appellant, Ethel Kellogg, is one of two defendants directed by said decree to interplead in respect of their several claims against the appellee. The facts, so far as they…
1Opinion of the CourtJustice Duell
1. Appellant’s first contention is that the court below erred in taking jurisdiction after the commencement of her suit against the appellee in another court claimed to be competent to determine and settle all the rights between them. Conceding that the Wisconsin court is competent to the extent stated, it is without jurisdiction to determine the controversy between the appellee, the appellant, and Anna M. Gregory, unless the latter voluntarily submits to the jurisdiction of the court, as she is a resident of the District of Columbia. On the other hand, the court below has obtained…
2Cases cited2 opinions
- Crane v. . McDonaldNew York Court of Appeals · 1890
- Emerick v. New York Life InsuranceCourt of Appeals of Maryland · 1878