 ... 1. The same thing, debt, or duty must be claimed by both or all the parties against whom the relief is demanded. -. All their adverse titles or claims must be dependent, or be derived from a common source.  Michigan Reports: Cases Decided in the Supreme Court of Michigan - Página 277por Michigan. Supreme Court, George C. Gibbs, Randolph Manning, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, William Dudley Fuller, Hovey K. Clarke, John Adams Brooks, Hoyt Post, Henry Allen Chaney, James M. Reasoner, Richard W. Cooper, Marquis B. Eaton, Herschel Bouton Lazell - 1914Vista completa - Acerca de este libro
 | Illinois. Supreme Court - 1907 - 714 páginas
...appellants : The averments of the bill are insufficient because they do not show that the same debt is claimed by both or all the parties against whom the relief is demanded. 3 Pomeroy's Eq. Jur.-(2d ed.) sec. 1322; Bank v. Bank, 155 111. 250; Morrill v. Insurance Co. 183 id.... | |
 | 1886 - 1942 páginas
...elements laid down by Prof. Pomeroy, in his Equity Jurisprudence, required to justify an interpleader: "(1) The same thing, debt, or duty must be claimed by both." Both the Southern Development Company and Miner claim to be entitled to the certificate of deposit... | |
 | 1895 - 1148 páginas
...remedy by interpleader depends upon and requires the existence of four essential elements or conditions: (1) The same thing, debt, or duty must be claimed by both or all the parties against whom relief Is demanded; (2) all their adverse titles or claims must be dependent on or derived from a common... | |
 | 1911 - 1060 páginas
...Grass v. M. & CR, 96 Ala. 447, 11 South. 480. The essential conditions of a bill of interpleader are: "(1) The same thing, debt or duty must be claimed...against whom the relief Is demanded; (2) all adverse titles or claims must be dependent, or be derived from a common source; (3) the person asking relief... | |
 | 1918 - 1036 páginas
...Interpleader depends upon the existence of the four elements regarded as Its essential conditions: "(1) The same thing, debt, or duty must be claimed...parties against whom the relief is demanded. (2) All their adverse titles or claims must be dependent, or be derived from a common source. (3) The person... | |
 | Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1895 - 712 páginas
...interpleader depends upon and requires the existence of four essential elements or conditions. First, the same thing, debt or duty must be claimed by both or all the parties against whom relief is demanded. Second, all their adverse titles or claims must be dependent on or derived from... | |
 | Norman Fetter - 1895 - 490 páginas
...interest in the matter. id ) He must have incurred no independent personal liability to either claimant.48 1. The same thing, debt, or duty must be claimed by both claimants. If the subject of dispute has a bodily existence, no difficulty can arise as to identity.... | |
 | Roderick James Maclennan - 1901 - 506 páginas
...interpleader it will be seen that four conditions must ordinarily exist before the remedy will lie:—(1) the same thing, debt or duty must be claimed by both or all of the parties against whom the relief is demanded; (2) all the adverse titles or claims must be dependent... | |
 | 1905 - 1084 páginas
...remedy of interpleader . depends upon ajid requires the existence of the four following elements: ( 1 ) The same thing, debt, or duty must be claimed...parties against whom the relief is demanded; (2) all tlieir adverse titles or claims must be dependent, or derived from a common source; (3) the person... | |
 | 1911 - 1162 páginas
...equitable jurisdiction of the court by a bill of interpleader or a complaint as a substitute for the bill: "(1) The same thing, debt or duty, must be claimed...parties against whom the relief is demanded. (2) All their adverse titles or claims must be dependent, or be derived from a common source. (3) The person... | |
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