Louisiana State Lottery Co. v. Clark
U.S. Circuit Court for the District of Eastern Louisiana
On Motion for Rehearing on Allowance of Counsel Fees. Simon Silverman instituted suit in the state court against the Louisiana State Lottery Company, claiming that he was the true and lawful owner of a certain half ticket of the lottery company which had drawn a prize of $30,000, of which he had been unlawfully dispossessed, and procured a writ of injunction enjoining the lottery company from paying the prize to any other person, and prayed for a judgment against the lottery…
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On Motion for Rehearing on Allowance of Counsel Fees. Simon Silverman instituted suit in the state court against the Louisiana State Lottery Company, claiming that he was the true and lawful owner of a certain half ticket of the lottery company which had drawn a prize of $30,000, of which he had been unlawfully dispossessed, and procured a writ of injunction enjoining the lottery company from paying the prize to any other person, and prayed for a judgment against the lottery company for the amount of the prize. Subsequently Clem. C. Clark instituted another suit in the same state court, upon…
1Opinion of the CourtPardee, J.
“When two or more persons claim the same thing by different or separate interests, and another person, not knowing to which of the claimants he ought of right to render a debt or duty, or to deliver property in his custody, fears that lie may be hurt by some of them, he may exhibit a bill of interpleader against them.” Dan-iell, Ch. Pr. 1560; Story, Eq. 806.
The bill of interpleader, then, was properly filed in this case.
“The fee Milis intended to regulate only those fees and costs which are strictly chargeable as between party and party, and not to regulate the fees of counsel and other…
2Cited by22 opinions
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- Schirmer Stevedoring Co. v. Seaboard Stevedoring Corp.Court of Appeals for the Ninth Circuit · 1962
- Mutual Life Ins. Co. of New York v. BondurantCourt of Appeals for the Sixth Circuit · 1928
- McNamara v. Provident Sav. Life Assur. Soc.Court of Appeals for the Fifth Circuit · 1902
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