Danville Building Ass'n v. Gates

LINDLEY, District Judge.

Plaintiff filed a complaint in the nature of a bill of interpleader under the provisions of Title 28 U.S.C.A. § 41 subdivision 26(d) which resulted in a judgment that the property in the hands of the stakeholder belonged to and should be delivered to defendant Wert, in which the question of whether plaintiff is entitled to recover from the fund its costs and attorneys fees was reserved. That issue is now presented.

The pertinent paragraph of the act provides that the “court shall hear and determine the cause and shall discharge the complainant from further liability;…