Gibson v. Goldthwaite
Supreme Court of Alabama
Writ of error-to the Court of Chancery sitting in.Montgomery. The defendant in error filed his bill in June, 1841, setting forth that as an attorney and counsellor at law, residing in this State, he received of the “ Tombigbeé Rail Road Company,” (a foreign corporation,) in the year 1838, a note and sundry other claims for collection, amounting to a very large sum of money — a part of which have been collected.
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Writ of error-to the Court of Chancery sitting in.Montgomery. The defendant in error filed his bill in June, 1841, setting forth that as an attorney and counsellor at law, residing in this State, he received of the “ Tombigbeé Rail Road Company,” (a foreign corporation,) in the year 1838, a note and sundry other claims for collection, amounting to a very large sum of money — a part of which have been collected. That Felix F. Gibson exhibited to complainant a paper purporting to be an assignment of eleven thousand dollars of the nett proceeds of the claims in his hands, under the corporate…
1Opinion of the CourtCollier, C. J.
— A bill of interpleader He?, where two or more persons severally claim (he same thing under different titles, or in separate interests from another, who, not claiming any title, or interest therein himself, and not knowing to which of the claimants he ought of right to render the debt, or duty claimed, or to deliver the property in his custody, is either molested by an action or actions brought against him, or fears that he may suffer injury from the conflicting claims of the parties. The object of the application to a Court of equity is to protect the complainant, not only from being…
2Cited by33 opinions
- Liberty Oil Co. v. Condon National BankSupreme Court of the United States · 1922
- McDonald v. McDonaldSupreme Court of Alabama · 1924
- Stephan v. United StatesCourt of Appeals for the Sixth Circuit · 1943
- Bibb v. Hall & FarleySupreme Court of Alabama · 1893
- Marx v. LiningSupreme Court of Alabama · 1935
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