Ewing v. Tanner

Hutcheson, Justice.

The petition, while referred to as a bill of interpleader, does not come within the purview of such a proceeding as defined in the Code, § 37-1503. See Manufacturers Finance Co. v. Jones Co., 141 Ga. 619 (b) (81 S. E. 1033); *779Phillips v. Kelly, 176 Ga. 111 (167 S. E. 381). Whether it is one in the nature of a bill of interpleader (see Phillips v. Kelly, supra), or a bill of peace (Code, § 37-1501), we do not decide, there being no demurrer to the petition, and no question raised as to the right of the plaintiff to proceed as was done in the instant case. We therefore take…