Cox v. Swofford Bros. Dry Goods Co.
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Central District. Yancy Lewis, Judge. Action of attachment by Swofford Bros. Dry Goods Co. against Daniels & Stalcup, co-partners. W. A. Cox, interpleaded claiming the attached property under a deed of assignment. Judgment for plaintiff. Interpleader appeals.
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Appeal from the United States Court for the Central District. Yancy Lewis, Judge. Action of attachment by Swofford Bros. Dry Goods Co. against Daniels & Stalcup, co-partners. W. A. Cox, interpleaded claiming the attached property under a deed of assignment. Judgment for plaintiff. Interpleader appeals. On December 20,1895, the appellee, the plaintiff below, filed its complaint against Daniels & Stalcup, as co-partners, alleging that the defendants were indebted to plaintiff in the sum of $301.86, upon open account, and that the same was due and unpaid, and also secured an attachment. On April…
1Opinion of the CourtTownsend, J.
The appellant has filed eight specifications of error. The first error assigned is the overruling of *64the motion of appellant (the defendant below) to require the appellee (the plaintiff below) to make its answer to the interplea of appellant more specific. Under section 5033, Mansf. Dig., it is provided what the answer shall contain : “Second. A denial of each allegation of the complaint controverted by the defendant, or of any knowledge or information thereof, sufficient to form a belief. Third. A statement of any new matter constituting a defense, counterclaim or set-off, in ordinary and…
2Cases cited2 opinions
- Catlin v. HorneSupreme Court of Arkansas · 1879
- Corbett v. CannonSupreme Court of Kansas · 1896