Repsher v. Bostic Lumber & Mfg. Co.

Citations

• 113 Miss. 46
• 73 So. 868

Syllabus

<p>1. Appeal and Error. Interlocutory orders. Compliance with statute.</p> <p>Appeal from interlocutory orders can only be taken within ten days after the date of the decree, and by the consent of the court and in strict compliance with section 35, Code 1906.</p> <p>2. Interpleader. Paying money into court. Decree.</p> <p>Where appellant filed an interpleader against creditors offering to pay money into court, but failed to do so, it was proper for the court to order that he pay the amount of money into court according to the prayer of his bill and all questions raised as to the payment or distribution of the amount among claimants, or whether the amount tendered and paid into court was correct or not, were all subsequent questions, to he passed upon by the court when they’ were reached but in no event could the raising of these questions by answer make the interlocutory order of the chancellor erroneous in requiring that the funds be paid into court.</p>