several claimants to property in dispute between them, where the plaintiff is entitled to equitable relief. 83. Where under the mechanic's lien law several notices of liens are served on the owner for different claims and are unliquidated in amount, the owner cannot, in an action against him by one of the claimants. interplead and bring the money into court, where he claims to owe the contractor a less amount than the several claims. 84. The maker of a promissory note, made payable to the payee as guardian, who is sued by the administrator of the payee, may interplead and bring the money into court, where another guardian substituted in the place of the deceased claims the avails of the note. 85. Where a person owes a debt or has incurred a liability, and is unable to determine, without serious risk, to which of several claimants it should be rendered, he may compel such adverse complainants to interplead, and relieve him from responsibility. 86. A mere claim is a ground of interpleader. 87. A plaintiff, in order to interplead, must show that he does not collude with any of the claimants. 88. A plaintiff, in order to interplead, must show that the claims are what, under the old distinctions, were denominated legal—(now legal and equitable—see 51, ante). 89. A plaintiff, in order to implead, must show that privity subsists between him and the defendants. 90. A plaintiff, in order to interplead, must be in possession actively or constructively. 91. A plaintiff, in order to interplead, must not claim any interest in the property in dispute. 92. A plaintiff, in order to interplead, must show that he can in no other way be protected from an oppression or vexatious litigation in which he has no personal interest. 93. The Code does not take away the right to resort to a bill of interpleader; the remedy prescribed by it is merely concurrent. 94. When a judgment of interpleader directs a suit between A and B, by name, all persons may be made parties who claim an interest in the property in dispute, whose presence is necessary to a complete determination of the controversy 95. Interpleader, under this section, can be ordered only when it is certain that the only question is whether the plaintiff or a third person is the true owner of the debt, fund or other property in dispute. 96. When it is insisted that the defendant is absolutely liable, and is precluded from setting up title of a third person as a defense, his application to be discharged from the suit must be denied. 97. In an action for the recovery of a debt, arising from the sale of goods, the purchaser cannot require his vendor to interplead with a third person claiming to be the owner of the goods. 98. Now, as formerly under the English statute, the rule is settled that it is only when no other question than the right of property is meant to be litigated that an interpleader can justly be allowed. 99. When it is alleged that the person who seeks to be discharged as a mere depositary or stake holder, is liable upon any ground independant of the title, the application to interplead must be denied. 100 To enable the court to get jurisdiction to settle the equities of all the parties in an interpleader suit, to a particular fund, the amount of the fund must be ascertained with sufficient certainty to enable it to be brought into court unless the parties can agree to pay the amount. 101. Where a bank, the holder of a fund due to an insolvent bank, brings an interpleader suit against the respective claimants, the proper parties are the receiver of the insolvent bank, the attaching creditors, and the sheriff, who has attached for them. 102. Where a plaintiff claims a larger fund than that which the defendant admits he has, and which he is willing to pay over to the proper party, it is not a case where the defendant can interplead. 103. Where the defendant shows that he holds the property or fund for the true holder, and has no interest therein, and that the only question to be litigated is the right of the different claimants thereto, he will be discharged, and a party in interest substituted in his place. 104. A common carrier, who accepts property to carry as the property of A, has no right to dispute A's ownership. 105. A common carrier has no right to initiate a litigation of interpleader, because another interposes a claim of ownership to the property. 106. If a person standing in the position of a stakeholder, merely, denies a liability beyond that office, and such is claimed against him, it becomes a subject of litigation, and the remedy under this section is not applicable. 107. A receiver sued by two claimants for a fund in his hands, and an injunction issued to prevent its being paid over, may bring an action in the nature of a bill of interpleader, to compel the claimants to settle their rights thereto between themselves. 108. Where on application for an interpleader under this section, the facts on which both parties claim the fund rests, are all known to the applicant, and furnish no ground for believing that one set of parties have any claim, the application will be denied. 109. A savings bank cannot interplead the assignee of a depositor of funds in their bank, claiming uhder an order of the depositor, and a third party claiming such funds as money had and received by the depositor to their use. 110. If a party who sought to be substituted under this section, upon proper notice served, has not appeared upon the motion, and made his claim, nor signified its particular character, nor his willingness to assume the position of real defendant, the motion will be denied. 111. The law forbids a debtor for goods deposited, as defendant to interplead where the third party claiming is not in privity with the depositor but claims by a hostile and superior title. 112. A tenant cannot deny the title of his landlord, nor can he interplead him with a stranger. 113. Where it is doubtful whether a stranger has acquired the right to claim that the tenant holds under him, the tenant may have an injunction restraining the landlord and the stranger from interfering to receive the rent until the title is determined. 114. Bills of interpleader are not to be encouraged where there is any other mode of adjusting conflicting claims with perfect safety to the stakeholder. 115. A party holding a fund in which he has no interest, and to which adverse claims are set up, is not bound to stand an action at law under a promise or offer of indemnity. 116. Where a party holds a fund, in which he has no interest, and to which adverse claims are set up, he is not obliged to exercise any judgment on the subject of the right between the parties, when one threatens or commences a suit and the other forbids payment-he may apply to interplead. 117. Where adverse claims arise as to the deposit money received by an auctioneer, one party insisting upon its return and the other on its being paid over, the auctioneer may file a bill of interpleader. 118. A bill of interpleader can only be filed when the plaintiff has no claim adverse to the parties defendant. 119. If the complaint asks for relief, specifically against the defendants, further than to require the defendants to interplead with each other, the bill is not one of interpleader. 120. A defendant who shows himself ready to pay to whoever is entitled to the fund, and who creates no costs by his own acts or defense, should be protected against the expense of litigation. He can interplead the two adverse claimants, and reserve his costs of interpleading ont of the fund. 121. A tenant, upon the death of the lessor, may call upon the party claiming the rent, to prove his title derived from the lessor, where another person interposes a conflicting claim, derived from the same source. 122. It is only in cases in which the plaintiff can in no other way be protected from conflicting claims, as to a matter in which he has no interest, that a bill of intespleader will be sustained. 123. It is not sufficient cause for interpleader that there are conflicting claims, provided the claim of one of the parties is clearly legal and valid to the exclusion of the claim of the other. 124. A bill of interpleader will not be sustained when the plaintiff has a complete protection at law against the consequences of the conflicting claims. 125. The owner of a building cannot implead the contractor, and the creditors of the latter, in relation to the balance due from the owner upon the building contract, where the creditors make claims under the lien law, and such claims are disputed by the con tractor. 126. This section introduces no new cases of interpleader, but merely provides a summary mode of relief. The interpleader now is limited to the same cases in which it was allowed in chancery. 127. The rule is, that in equity, as at law, a bailee or agent cannot dispute the original title of the person from whom he received the property. 128. A bailee or agent cannot file a bill in equity to settle the conflicting claims of the bailor or principal and a stranger who claims the property by a distinct and independent title. 129. In an action to recover specific personal prnperty, it is a sufficient answer to an application for an interpleader that the defendant is not in a position to deposit the property in court. 130. A mere volunteer, who, by his own wrong, has interfered against one claimant for the benefit of another, is not entttled to an interpleader to determine between the right of such claimant and his own principal. 131. A person sued for detaining property which he has taken under his control for the protection of the right of a supposed owner, cannot maintain an action to require the person from whom he took the property, and such supposed owner, to interplead respecting it. 132. Where an action is brought against a bailee to recover a deposit, by one of the parties who made the deposit, under an agreement with the other party that the bailee was to give up the deposit on certain conditions being complied with, the bailee cannot defend the action on the ground that the conditions have not been complied with. His remedy is, in order to protect the interest of the real principal, to bring an action of interpleader, or apply to have the principal substituted in his place as defendant. 133. Interpleader is allowed only to those who are in danger of loss by an inability to determine to whom the money or property in question belongs. 134. The buyer of goods cannot maintain an action of interpleader to settle the conflicting demands of the vendor and a stranger, who claims the claims the purchase money on the ground that the vendor obtained the goods from him by fraud. 135. To sustain an action of interpleader, it must appear that the plaintiff is ignorant of the rights of the respective claimants; nor can he assert such ignorance where his liability to one of the parties rests upon an estoppel. 136. Where it appears by the plaintiff's complaint that he is fully advised of the grounds of the different claimant's claims upon the fund in controversy, as well as the nature and extent of his liability to each, he cannot sustaiain a bill of interpleader. 137. Where a plaintiff, by his own wrong, places himself in a situation where he may have to defend different actions concerning the same demand, he is not in a situation to ask the interposition of the court that they award an issue to be tried between parties not at all interested therein. 138. An action to recover wharfage is an action for a mere money demand. This sec tion is confined to an action for the recovery of real or personal property, not for the recovery of money. 139. Where two different parties, with distinct and separate interests, present themselves as claimants of goods in possession of a common carrier, and one party commences an action against the carrier, and the other threatens an action, it is a proper case for a bill of interpleader. 140. An action for an interpleader, under this section, must take the same course, and be governed by the same rules, which controlled in chancery in such cases. 141. No order granting the relief prayed for can be made until after all the defendants have failed either to demur or answer within the time allowed by the Code for such purpose. 142. An action to compel defendants to interplead cannot be sustained where the plaintiff claims a portion of the disputed fund. An injunction restraining the defendants' actions against the plaintiff cannot be sustained. 143. A debtor, a trust company, has no standing in court to interplead the creditors, the depositors of the company, and the plaintiffs, in an attachment suit, claiming the fund, against the depositors. 144. An interpleader action cannot be sustained where the plaintiff denies any liability to either of the defendants, and neither admits that there is anything due to one of them, nor offers to bring the fund in dispute into court. 145. An action in the nature of a bill of interpleader can only be sustained where the parties sought to be interpleaded have some right or interest in the subject matter of the action which interferes with the plaintiff's attempt to establish his own rights. 146. Allegations that the defendants have fraudulently confederated and conspired together for the purpose of harrassing the plaintiff, by prosecuting seperate suits against him for the same cause, cannot sustain the action as one in the nature of a bill of interpleader, to prevent danger of a double recovery against the plaintiff. 147. (9 Q.) Where the court decree payment to one defendant, in an interpleader suit, and award a perpetual injunction against the other defendant, the defendant who sets up a groundless claim will be decreed to pay all the costs of all the parties, in the discretion of the court. 148. If a bill of interpleader be properly filed, the plaintiff is entitled to have his costs allowed him out of the fund in court. 149. Under special circumstances, it is right to allow the defendants in an interpleader suit to have their costs, respectively, to be deducted from the fund in court. 150. On a bill of interpleader, costs are not a matter of right, but rest in the discretion of the court. 151. Where, from conflicting claims of the defendants, the plaintiff is compelled to resort to an interpleader suit, he will be allowed his costs. 152. Where a bill of interpleader is improperly filed, the court, on the dismissal of the bill, will allow the defendants the costs of a demurrer only. 153. It is a settled rule that the unsuccessful claimant in an interpleader suit is responsible for costs in all cases, except where special circumstances have induced the court to exercise its discretionary power in his favor. 154. The costs, under the above rule, are all the successful defendants' costs in equity and at law, and all the costs which are incurred by the plaintiff in the interpleading bills, both in equity and at law. SECTION 123. 124. TITLE IV Of the place of trial of civil actions. Certain actions to be tried where the subject or some part thereof is situated. Other actions, where the cause or some part thereof arose. 125. Other actions according to the residence of the parties. 126. Action may be tried in any county unless defendant demand trial in proper county. 123. Certain actions to be tried where the subject or some part thereof is situated. Actions for the following causes must be tried in the county in which the subject of the action or some part thereof is situated, subject to the power of the court to change the place of trial, in the cases provided by statute. 1. For the recovery of real property or of an estate or interest therein, or for the determination in any form, of such right or interest, and for injuries to real property: 2. For the partition of real property: 3. For the foreclosure of a mortgage of real property: 4. For the recovery of personal property, distrained for any cause. 1. Question. Has this section been amended since its passage in 1848} Answer. It has, in 1849, which amendment reads as above. 2. Q. How did this section read in 1848? A. As follows: $103. [1848.] Actions for the following causes must be tried in the county where the cause or some part thereof arose, or in which the subject of the action or some part thereof is situated, subject to the power of the court to change the place of trial, in the cases provided by statute. 1. For the recovery of real property or of an estate or interest therein, or for the determination in any form, of such right or interest, and for injuries to real property: 2. For the partition of real property : 3. For the foreclosure of a mortgage of real property. |