Winstanley v. People ex rel. City of East St. Louis

Citations

• 92 Ill. 402

Syllabus

<p>1. Mandamus—interpleader not allowable. Section 7 of chapter 87, Rev. Stat. 1874, entitled “ Mandamus,” does not give to any person who has or claims an interest in the subject matter of a mandamus proceeding, the right to interplead and become a plaintiff and ask affirmative relief. The purpose of the statute appears to be to make any person against whom the writ might properly issue a party defendant.</p> <p>. 2. Same—what is matter of defense. If some person other than the relator is entitled to the writ, that would be matter of defence, and could not be availed of by interpleader.</p>