Dodds v. Gregory, Stagg & Co.

Citations

• 61 Miss. 351

Syllabus

<p>1. Garnishment. Claim, by third party. Section 2449, Code 1880, construed. Section 2449 of the Code of 1880 is but the adoption in courts of law, mutatis mutandis, of the equity principles underlying bills of interpleader. It is essential in both courts that the party invoking the judgment of the court as to who is the true claimant shall make known his condition as stakeholder within a reasonable time after notice of the double claim.</p> <p>2. Same. Interpleader after final judgment. When the statute speaks of an interpleader after final judgment, it must be held to mean that the right will exist when notice of adverse claim by third party has only been received by the garnishee after final judgment, but not as applying where the knowledge existed before judgment and was voluntarily withheld.</p> <p>3. Same. Case in judgment. Where the contest was as to whether a note made payable to the wife by the garnishee summoned as debtor of the husband belongs to her or could be reached by the creditors of the husband, and it was decided that the note could be so reached and the garnishee knew these facts, and also knew during the whole time that the note had been transferred but kept the knowledge to himself, it is too late after final judgment against himself and after the expiration of the term to demand an interpleader.</p>