Marsh v. Mutual Life Ins. Co.
Supreme Court of Alabama
• Appeal from Circuit Court, Coffee County; A. B. Foster, Judge. Suit by the Elba Bank & Trust Company against the Mutual Dife Insurance Company, in which Eva C. Marsh was interpleaded. Defendant Marsh appealed from an order overruling her motion to set aside the judgment requiring her to interplead, and as an alternative asked for a writ of mandamus in case appeal did not lie.
1Opinion of the CourtThomas, J.
The two causes, appeal in main cause and petition for mandamus were submitted as one.
The facts are, that on February 26, 1916, the Elba Bank & Trust Company sued the Mutual Life Insurance Company of New York on a certain policy of insurance, numbered 1861904, whereby the defendant, on the 25th day of August, 1910, insured the life of Tavner Marsh, such policy being payable to Eva C. Marsh. The 'defendant company filed, under section 6050 of the Code, its interpleader, praying that said Marsh he required to propound her claim to the moneys, the proceeds of the policy sued on, and litigate in…
2Cases cited7 opinions
- Florence Mining Co. v. BrownSupreme Court of the United States · 1888
- Pullen v. Placer Country BankCalifornia Supreme Court · 1902
- O'Connor v. Mechanics' BankNew York Court of Appeals · 1891
- Stewart v. SampleSupreme Court of Alabama · 1910
- School District No. 1 v. WestonMichigan Supreme Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Marsh v. Elba Bank & Trust Co.Supreme Court of Alabama · 1920
- Merchants' Nat. Bank of Mobile v. HubbardSupreme Court of Alabama · 1929
- Awbrey v. EstesSupreme Court of Alabama · 1927
- First Nat. Bank of Mobile v. BurchSupreme Court of Alabama · 1939
13 more not listed; retrieve them via the Exa API.