Home Life Insurance v. Caulk Bros.

Citations

• 86 Md. 385
• 38 A. 901
• 1897 Md. LEXIS 128

Syllabus

<p>Bill of Interpleader—Affidavit Thereto— Offer to Bring Money Into Court—Strict Neutrality Between Claimants Required of Plaintiff in Such Bill—When Garnishee in Whose Hands Different Attachments Have Been Laid May Not Pile a Bill of Inter-pleader.</p> <p>A bill of interpleader should be accompanied by an affidavit that the bill is not filed by the plaintiff in collusion with any of the defendants ; and the absence of such affidavit makes the bill demurrable.</p> <p>Upon a bill of interpleader the money must either be brought into Court or there must be an offer to do so ; otherwise a demurrer lies to the bill.</p> <p>Where a bill in equity is without a necessary affidavit and there is no docket entry or writing filed in the case showing that the affidavit was made, the defect cannot be remedied on appeal by depositions taken under a writ of diminution showing that an agent of the plaintiff had appeared in the Court below and there made such affidavit.</p> <p>The fact that several attachments by different persons are laid in the hands of a person holding funds belonging to the defendant debtor, does not itself entitle such garnishee to file a bill of interpleader against creditors, but there may be cases in which such relief is proper. In such case, however, the bill must be filed before judgment has been obtained in any of the attachments against the garnishee.</p> <p>Plaintiff in this case held a sum of money to which S. was entitled. Several attachments on judgments against S. were laid in plaintiff’s hands to affect the money, and upon three of these judgments of condemnation were entered. Plaintiff then filed a bill of interpleader alleging that the aggregate of the attachments was greater than the sum in his hands ; that some of the creditors of S. contended that the judgments of certain other attaching creditors were void, and praying that the parties might interplead ; that certain of the defendants be restrained from further prosecution of their suits, an