Denny v. C. L. Fain Co.

The pleading in the case is composed of (1) the petition for the rule nisi, which included paragraph 4 thereof, which states that among the claimants for the fund are the plaintiff in error and the defendants in error; {2) the rule nisi; (3) the responses to the rules nisi, among which were those of the plaintiff in error and the defendants in error; and (4) the answer of the marshal of the court, who held the fund in question. The marshal’s answer was as follows: ' “Respondent has in hand $750 as alleged in the rule, which sum is subject to the costs of the court and the cos.t of moving and…