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Interplead
(gcide) | Interplead \In`ter*plead"\, v. i. (Law)
To plead against each other, or go to trial between
themselves, as the claimants in an in an interpleader. See
Interpleader. [Written also enterplead.]
[1913 Webster] |
| | podobné slovo | definícia |
Interpleader
(gcide) | Interpleader \In`ter*plead"er\, n.
1. One who interpleads.
[1913 Webster]
2. (Law) A proceeding devised to enable a person, of whom the
same debt, duty, or thing is claimed adversely by two or
more parties, to compel them to litigate the right or
title between themselves, and thereby to relieve himself
from the suits which they might otherwise bring against
him.
[1913 Webster] |
INTERPLEADER
(bouvier) | INTERPLEADER, practice. Interpleaders may be had at law and in equity.
2. An interpleader at law a proceeding in the action of detinue, by
which the defendant states the fact that the thing sued for is in his hands,
and that it is claimed by a third person, and that whether such person or
the plaintiff is entitled to it, is unknown to the defendant, and thereupon
the defendant prays, that a process of garnishment may be issued to compel
such third person, so claiming, to become defendant in his stead. 3 Reeves,
Hist. of the Eng. Law, ch. 23; Mitford, Eq. Pl. by Jeremy, 141; Story, Eq.
Jur. Sec. 800, 801, 802. Interpleader is allowed to avoid inconvenience; for
two parties claiming adversely to each other, cannot be entitled to the same
thing. Bro. Abr. Interpleader, 4. Hence the rule which requires the
defendant to allege that different parties demand the same thing. Id. pl.
22.
3. If two persons sue the same person in detinue for the thing, and
both action; are depending in the same court at the same time, the defendant
may plead that fact, produce the thing (e. g. a deed or charter in court,
and aver his readiness to deliver it to either as the court shall adjudge;
and thereupon pray that they may interplead. In such a case it has been
settled that the plaintiff whose writ bears the earliest teste has the right
to begin the interpleading, and the other will be compelled to answer. Bro.
Abr. Interpl. 2.
4. In equity, interpleaders are common. Vide Bill of Interpleader, and
8 Vin. Ab. 419; Doct. Pl. 247; 3 Bl. Com. 448; Com. Dig. Chancery, 3 T; 2
Story, Eq. Jur. Sec. 800.
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PROCESS OF INTERPLEADER
(bouvier) | PROCESS OF INTERPLEADER, practice. Formerly when two parties concurred in a
bailment to a third person of things which were to be delivered to one of
them on the performance of a covenant or other thing, and the parties
brought several actions of detinue against the bailee, the latter might
plead the facts of the case and pray that the plaintiffs in the several
actions might interplead with each other; this was called process of
interpleader. 3 Reeves, Hist. Law, eh. 23; Mitford, Eq. Pl. by Jeremy, 141;
2 Story, Eq. Jur. Sec. 802.
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