Juilliard v. May

Citations

• 130 Ill. 87
• 22 N.E. 477
• 1889 Ill. LEXIS 1074

Syllabus

<p>1. Attachment—interpleader—the statute to be liberally construed. The statutory interpleader to try the title to property seized by attachment, is a substantial and valuable statutory right, and as it tends to prevent multiplicity of suits, the claimant of the property who asserts such right should not be deprived of it on merely technical grounds.</p> <p>2. Same—time of filing interpleader—waiver. The statute allowing an interpleader as to the right of property in an attachment suit, does not, in terms, say that it shall be tried, or even interposed, before judgment in the original attachment suit. But the better practice is, first to settle the matter of the interpleader, and then render judgment upon the attachment, or, if such judgment has already been taken, to open it for the purpose of permitting the interpleader.</p> <p>3. The remedy by interpleader lies in respect to both personal and real estate, but it must be interposed while the attachment suit is still in fieri, which is before or during the term at which final judgment is entered against the defendant in attachment.</p> <p>4. If an interpleader is not filed in apt time in an attachment suit, the plaintiff should move to strike it from the files. If, however, he demur's to the pleading, this will amount to a waiver of the objection that it was filed too late.</p> <p>5. Same—interpleader after judgment—rights protected. Where the issue formed upon an interpleader is found for the claimant after judgment against the defendant in the attachment and the issue of special execution, the court will have ample power to see that its process is not abused by making it the means of selling the property of one for the debt of another for which the former is not legally liable. The court can protect the -successful claimant in his rights of property without vacating or changing the judgment rendered at a prior term against the defendant in attachment.</p> <p>6. A claimant of property attached is not bound by the