Town of Summersville Ex Rel. McCue v. Cooper

I believe the interpleader proceeding should be dismissed for lack of jurisdiction, for reasons hereinafter set forth.

I cannot say that a suggestion and summons on a judgment is an action and that a suggestee is a defendant within the meaning of Code, 56-10-1. That statute provides a cumulative remedy, allowing interpleader in an action at law, and also prescribes the procedure for enforcement thereof. Pardee & Curtin Lumber Co. v. Odell, 78 W. Va. 159, 88 S. E. 419. As to construction of statutes of this kind, see: Lewis’ Sutherland Statutory Construction, Section 572; Sedgwick on Statutory…