Giles v. . Lyon

The complaint in this case was in the nature of a bill of interpleader, filed by the plaintiff, against the appellant and the respondents. In October, 1849, the superior court, by their decree, determined that the action was properly brought, and that the defendants interplead. The defendants then, as it would seem from the record, immediately proceeded to introduce testimony, without any other pleadings than their respective answers in the original suit; and of course without any issue formed directly between the litigants. Upon the evidence thus given, the court gave judgment for the…