Hastings v. Cropper

Citations

• 3 Del. Ch. 165

Syllabus

<p>Upon the death of two or more co-plaintiffs or co-defendants in a judgment, the proper practice is to suggest the death upon the record, and take execution for or against the surv.ivor or survivors.</p> <p>Irregularity of an execution is not a ground for equitable interference to restrain its operation, it is only where a conflict arises between a claim to the fund under the execution and a claim arising under some other process, involving parties not within the jurisdiction of the court of law, that equity need interfere under a bill of interpleader.</p> <p>Under the seventh section of chapter 104, of the Revised Code, the garnishee is ipso facto discharged at the expiration of the second term after he was summoned, but, if the Statute be so construed as to make the discharge take effect -only upon the order of the Superior’Court, upon application by the garnishee, still,as his right to be discharged is absolute, and he has the means of relieving himself, and can by no means be held responsible to the attaching creditor under the summons, he has no need for relief in equity.</p> <p>A bill of interpleader is an appropriate remedy in equity for the relief of a party against whom there are, at law, separate and conflicting claims, whether in suit or not, for the same debt, duty or thing, and where a recovery by one of the claimants will not, at law, protect the party against a recovery for the same debt or duty by the other claimant.</p> <p>Where a suit is pending to recover a debt, and the debtor is summoned as a garnishee of his creditor for the same debt, so long as judgment in the attachment may be reached before the creditor can 'prosecute his suit to judgments bill of interpleader will not lie, otherwise if the debt is attached after judgment recovered for it.</p> <p>Where the facts present a proper case for an interpleader, equity will not entertain a bill simply to restrain one of the parties claiming the fund in controversy, from -prosecuting his claim unt