Interplead - Law Dictionary Search Results
Home Dictionary Name: interpleadinterpleader
interpleader [Anglo-French enterpleder, from enterpleder, verb] : a proceeding by which a person compels parties making the same claim against him or her to litigate the matter between themselves see also bill in the nature of interpleader and bill of interpleader at bill compare counterclaim, cross-claim, impleader, intervention, joinder NOTE: When an interpleader is initiated, the person holding the property or owing the obligation that is the subject of the adverse claims usually must deposit the property or post a bond with the court. n : a person who is a party to an interpleader action ...
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 th...
interplead
interplead [Anglo-French enterpleder, from enter- between, among + pleder to plead, from Old French plaidier] vt : to bring (adverse claimants) into court by interpleader [the defendants can injured stock purchasers if they fear the latter may have a superior claim…to the agents' illicit profits "R. C. Clark"] compare implead, intervene vi : to go to trial with each other in order to settle adverse claims to property held by or an obligation owed by a third party (as an insurance company) [may be joined as defendants and required to when their claims are such that the plaintiff is or may be exposed to double or multiple liability "Official Code of Georgia Annotated"] ...
Interpleader
One who interpleads...
bill of interpleader
bill of interpleader see bill ...
bill in the nature of interpleader
bill in the nature of interpleader see bill ...
bill
bill 1 : a draft of a law presented to a legislature for enactment ;also : the law itself [the GI ] ap·pro·pri·a·tions bill [ə-prō-prē-ā-shənz-] : a bill providing money for government expenses and programs NOTE: Appropriations bills originate in the House of Representatives. bill of attainder 1 : a legislative act formerly permitted that attainted a person and imposed a sentence of death without benefit of a judicial trial see also attainder compare bill of pains and penalties in this entry 2 : a legislative act that imposes any punishment on a named or implied individual or group without a trial NOTE: Bills of attainder are prohibited by Article I of the U.S. Constitution. bill of pains and penalties : a legislative act formerly permitted that imposed a punishment less severe than death without benefit of a judicial trial compare bill of attainder in this entry NOTE: The term bill of attainder is often used to include bills of p...
Act of Bankruptcy
Act of Bankruptcy, an act, the commission of which by a debtor renders him liable to be adjudged a bankrupt if the petition is presented within three months thereafter.Under s. 1 of the (English) Bankruptcy Act, 1914 (4 & 5 Geo. 5, c. 59), any one of the following acts of a debtor is an act of bankruptcy:-(a) Having made an assignment of his property in trust for his creditors generally.(b) Having made a fradulent conveyance, gift, delivery, or transfer of his property, or of any part thereof.(c) Having made a conveyance amounting to a 'fradulent preference.'(d) Having, with intent to defeat or delay his creditors, departed out of England, or being out of England, remained out of England; or having absented himself; or begun to keep house.(e) If execution against him has been levied by seizure of his goods under process in any Court or in any civil proceeding in the High Court, and the goods have been either sold or held by the sheriff for 21 days:Provided that where an interpleader su...
Stakeholder
Stakeholder, one with whom a stake is deposited [see, generally, (English) Betting and Lotteries Act, 1934 (24 & 25 Geo. 5, c. 58)]. As to when money deposited in the hands of a stakeholder, to abide the event of a wager, may be recovered, see Gaming Act, 1845, s. 18, and the title WAGER. A stakeholder of a sealed packet containing a document can be called upon to produce it upon a subp'na duces tecum, R. v. Daye, (1908) 2 KB 333. Upon a sale of land a sake-holder appears to hold the deposit for the party entitled thereto. He may interplead under R.S.C. Ord. LVII., and is entitled to retain the interest on the deposit for his pains: see Mr. Cyprian Williams in 71 L.J. (articles), pp. 162 and 180-Wolst. & Ch. Conveyancing Statutes, 12th Edn., p. 724. Apart from a special stipulation, it is not clear that a stakeholder converting the deposit into the property of either party before determination of the event is not acting in contradiction of his mandate. See INTRPLEADER.A disinterested t...
Enterplead
Same as Interplead...
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