Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 80

Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 80

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...and authorized such action to be brought by the creditor. Public Acts of 1854, p. 6, Chap. 6. Subsequently the court was authorized, in its discretion, to allow the debtor defendant costs, to be deducted out of such debt. These provisions of the Act of 1854 appeared in the General Statutes of 1888 as 1250 and 1268, and remained in force until 1893. In that year an Act entitled " An Act concerning Bills of Interpleader " was passed. Public Acts of 1893, p. 222, Chap. 42. The Act is much broader than its title. It enacts that whenever money or other property in the hands or possession of one person is claimed by two or more persons, any one of the parties interested may bring a complaint in equity, in the nature of abill of interpleader, making all persons who claim to be interested in such money or property parties to the action, and that the court shall hear and dispose of all questions which may arise in such case. The Act recognizes a remedy not only in favor of a stakeholder, within the narrow meaning of the original bill of interpleader, but in favor of any party interested in property of any description in the nature of a fund held by one person and which he cannot safely turn over to its apparent owner by reason of conflicting claims made by others. It is broad enough to cover the present action, as well as the action in the nature of interpleader recognized by the Act of 1854; and the intention of the legislature to give it such broad effect is indicated by the fact that in enacting the Revision of 1902, the Act of 1893 is adopted as providing for an action in the nature of interpleader covering the whole subject ( 1019), and the provisions of the Act of 1854, which appeared in the Revision of 1888 as ...
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Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • United States
  • English
  • black & white illustrations
  • 1236779258
  • 9781236779250