Emmons v. Grand Lodge of the Ancient Order of United Workmen
Superior Court of Delaware
Summons Case (No. 78, January Term, 1913). On Demurrer. The plaintiff having filed his statement of claim, and after the intervening claimant had filed her statement of claim, under leave to intervene and interplead previously granted, the plaintiff moved to strike out her statement upon the ground that it presented no legal claim to the fund paid into court.
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Summons Case (No. 78, January Term, 1913). On Demurrer. The plaintiff having filed his statement of claim, and after the intervening claimant had filed her statement of claim, under leave to intervene and interplead previously granted, the plaintiff moved to strike out her statement upon the ground that it presented no legal claim to the fund paid into court. The court held that when the statement of claim attacked showed upon its face all the grounds of attack the motion to strike out was not a proper procedure, and that the legality of the claim should be attacked by general demurrer. The…
1Opinion of the Court
Rice, J.,
delivering the opinion of the court:
This proceeding is based on the statements of claim filed by the claimants, to a fund of one thousand six hundred and nine dollars paid into court under the court’s order, in a petition for interpleader entered by “the Grand Lodge of the Ancient Order of United Workmen of Delaware.” In the petition, the lodge disclaimed all interest in the fund, and prayed that Harry Emmons, trustee, the plaintiff in the suit against it, be ordered to interplead with Elizabeth A Wittaker, claimant. The prayer was granted and order to interplead signed.
Harry Emmons,…
2Cases cited7 opinions
- Supreme Council American Legion of Honor v. PerryMassachusetts Supreme Judicial Court · 1886
- Schmidt v. Northern Life Ass'nSupreme Court of Iowa · 1900
- Shea v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1894
- Freeman v. LindSupreme Court of Iowa · 1900
- Bancroft v. RussellMassachusetts Supreme Judicial Court · 1892
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3Cited by1 opinion
- Union Trust Co. of Pittsburgh v. McCaughnDistrict Court, E.D. Pennsylvania · 1927