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Law Dictionary Home Dictionary Definition interpleader

Interpleader, the process whereby a person, who is or expects to be sued by two or more parties, claim-ing adversely to each other, for a debt or goods in his hands, but in which he himself has no interest, obtains relief by procuring such parties to try their rights between or amongst themselves only. Where the applicant is a sheriff, and claim is made to goods seized in execution by any other than the person against whom the execution issued, the process is called a 'sheriff's interpleader.' At one time an independent suit in Equity, called a 'bill of interpleader,' had to be brought against the two rival claimants by the person having no interest, but the Interpleader Act (1 & 2 Wm. 4, c. 58), instituted a more simple and expeditious pro-cedure, whereby the Court in which such person was sued might call the rival claimants before it, and stay the action against such person; and this Act, with its amendments under the C.L.P. Act, 1860, was incorporated, but by reference only, into the Rules of Court of 1875. In 1883 the two Acts were thrown expressly into the form of rules by (English) R.S.C. 1883, Ord. LVII., the Acts them-selves being repealed by the Statute Law Revision and Civil Procedure Act of the same year. (Order XXXV, CPC, 1908)

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