Brock v. Southern Railway Co.

Citations

• 44 S.C. 444
• 22 S.E. 601
• 1895 S.C. LEXIS 102

Syllabus

<p>1. Pleadings — References.—It is bad practice to refer to an original pleading only by page or paragraph and number of lines, as subsequent copies, especially in the printed Brief, may not have the same numbering.</p> <p>2. Interpleader. — Section 143 of the Code of Procedure does not provide for interpleader where both claimants are parties to the action, but does not prevent an order of interpleader between parties under the equitable jurisdiction of the Court of Common Pleas.</p> <p>3. Ibid. — Under this equitable jurisdiction and the changes wrought by the Code of Procedure, a defendant in proper cases may obtain order requiring his codefendant and the plaintiff to interplead.</p> <p>4. Ibid. — Common Carrier — Conflicting Claims. — Plaintiff shipped cotton by railroad consigned to B., and drew draft on B., with bill of lading attached, which was protested for non-payment and returned. Plaintiff and B. both forbid the railroad company to deliver the cotton to the other, and each demanded delivery. Plaintiff then brought action against the railroad company and B., to require the former to deliver the cotton and B. to endorse the bill of lading. The railroad company, by answer and affidavits, disclaiming any interest in the cotton, and showing that there was no collusion on its part, it was held a proper case for an order requiring plaintiff and B. to interplead.</p> <p>5. Ibid. — Knowledge op Pacts — Denial.—Knowledge of the facts by the railroad company before action brought would not bar it of the right to obtain order of interpleader, nor would its statement in its answer, that “this defendant submits to the court that neither of said parties, as the papers stand, is entitled to the possession of said cotton,” coupled with its disavowal of any claim.</p> <p>6. Ibid. — Laches.—In this case the railroad company had no adequate remedy at law, and having sought the order for interpleader at the first term after action brought, it used due diligence in obtaining