Muzzio v. North

Judgment reversed upon the law and the facts, and a new trial granted upon proper pleadings, with costs to appellant. Defendant bank is not liable upon the bond of the former defendants North, to recover upon which this action was originally brought. Defendant bank claimed an interest in the fund, and by an order of interpleader the Norths were relieved from further' liability upon payment into court, and defendant bank was brought in as a party defendant. Assuming payment by the Norths, but concerning which the record is silent, it was the proper practice for plaintiff to serve a…