Lippman, Morrison & Co. v. Warren
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Son. S. O. Timmonds, Judge. (1) An interpleading suit involves two successive litigations, the one between the plaintiffs (in the bill) and the defendants upon the question, whether the defendant shall inter-plead; the other between the different defendants, i. e., the interpleader itself. The subject of these two litigations are wholly separate and distinct. Story Eq. PL, sec. 291; Langsdell on Eq.
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Appeal from Vernon Circuit Court. — Son. S. O. Timmonds, Judge. (1) An interpleading suit involves two successive litigations, the one between the plaintiffs (in the bill) and the defendants upon the question, whether the defendant shall inter-plead; the other between the different defendants, i. e., the interpleader itself. The subject of these two litigations are wholly separate and distinct. Story Eq. PL, sec. 291; Langsdell on Eq. PL, sec. 162; Roselle v. Bank, 119 Mo. 84. (2) In such case, the only decree that the plaintiff can have is that the defendants do interplead. Story Eq. PL,…
1Opinion of the CourtSmith, P. J.
This is an action based upon the provisions of section 3221, Revised Statutes 1899. The petition alleged that the. defendant, Warren, was sheriff of Jasper *488county, and had in his possession an execution in favor of plaintiffs against the interpleader herein, and on which he had made the money therein specified, but did not have it before the court, nor did he pay it over according to law.
The answer of the defendant admitted the truth of the allegations of the plaintiffs’ petition, and then alleged that the execution defendant was a resident of Jasper county, a housekeeper and head of a…
2Cases cited5 opinions
- Glasner v. WeisbergMissouri Court of Appeals · 1891
- Price v. Morning Star Mining Co.Missouri Court of Appeals · 1900
- Arn v. ArnMissouri Court of Appeals · 1899
- State ex rel. Mulvihill v. KumpffMissouri Court of Appeals · 1895
- Duke, Lennon & Co. v. DukeMissouri Court of Appeals · 1902
3Cited by4 opinions
- Stark v. StarkMissouri Court of Appeals · 1905
- Horn v. AdamsCourt of Appeals of Kentucky · 1919
- State Ex Rel. Bennett v. BeckerSupreme Court of Missouri · 1934
- Dieterich v. Modern Woodmen of AmericaMissouri Court of Appeals · 1911