Hoyt v. Gouge
Supreme Court of Iowa
Appeal from Hamilton District Court.— Hon. J. E. Whitaker, Judge. This is an actiou in equity, which would have been denominated under the old chancery practice as a bill of inter-pleader, wherein plaintiff asks the court to adjudge and determine which of the two defendants is entitled to a commission for the sale of certain real estate made by plaintiff to one Hodge.
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Appeal from Hamilton District Court.— Hon. J. E. Whitaker, Judge. This is an actiou in equity, which would have been denominated under the old chancery practice as a bill of inter-pleader, wherein plaintiff asks the court to adjudge and determine which of the two defendants is entitled to a commission for the sale of certain real estate made by plaintiff to one Hodge. Issue was tendered by each of the defendants, and the case was tried to the court, resulting in a decree dismissing plaintiff’s petition, and he appeals.
1Opinion of the CourtDeemer, C. J.
1. Bill of interpleader While there is no express statute authorizing interpleader, except in actions of replevin (Code, section 3487), yet there is a general statute providing that a plaintiff may prosecute his action by equitable in all cases where courts of equity before the adoption of the Code had jurisdiction (Code, section 3427). In Stephenson v. Stephenson, 64 Iowa, 534, we recognized the continued existence of such a remedy, although there was no direct challenge there of the right of a court to do so. But it seems to be'the general rule everywhere that the action of interpleader is'…
2Cases cited13 opinions
- Barry v. . Mutual Life Ins. Co. of N.Y.New York Court of Appeals · 1873
- Crane v. . McDonaldNew York Court of Appeals · 1890
- Stephenson v. StephensonSupreme Court of Iowa · 1884
- Board of Education v. ScovilleSupreme Court of Kansas · 1874
- Conley v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1880
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3Cited by17 opinions
- Newsum v. Interstate Realty Co.Tennessee Supreme Court · 1925
- C.F. Sales, Inc. v. Amfert, Inc.Supreme Court of Iowa · 1983
- Maxwell v. FrazierOregon Supreme Court · 1908
- Gendler v. Sibley State BankDistrict Court, N.D. Iowa · 1945
- Anderson v. Red Metal Mining Co.Montana Supreme Court · 1907
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