interpleader

interpleader
An equitable proceeding to determine the rights of rival claimants to property held by a third person having no interest therein. Balish v. Farnham, 92 Nev. 133, 546 P.2d 1297, 1299.
When two or more persons claim the same thing (or fund) of a third, and he, laying no claim to it himself, is ignorant which of them has a right to it, and fears he may be prejudiced by their proceeding against him to recover it, he may join such claimants as defendants and require them to interplead their claims so that he may not be exposed to double or multiple liability. A defendant exposed to similar liability may obtain such interpleader by way of cross-claim or counterclaim. Interpleader in federal court is governed by the federal Interpleader Act, 28 U.S.C.A. No. 1335, and Fed.R. Civil P. 22.
Similar statutes and court rules govern interpleader in state courts. Statutory interpleader. A federal statutory right (28 U.S.C.A. No. 1335) whereby disinterested stakeholder from whom several people claim same proceeds may require claimants to litigate matter among themselves without embroiling stakeholder. Glens Falls Ins. Co. v. Strom, D.C.Cal., 198 F.Supp. 450, 455

Black's law dictionary. . 1990.

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  • interpleader — in·ter·plead·er 1 /ˌin tər plē dər/ n [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… …   Law dictionary

  • Interpleader — In ter*plead er, n. 1. One who interpleads. [1913 Webster] 2. (Law) A proceeding devised to enable a person, of whom the same debt, duty, or thing is claimed adversely by two or more parties, to compel them to litigate the right or title between… …   The Collaborative International Dictionary of English

  • interpleader — [in΄tər pled′ər] n. [< Anglo Fr entrepleder, to interplead: substantive use of inf.] a legal procedure by which two or more parties claiming the same money or property may be compelled to resolve the dispute among themselves in a single action …   English World dictionary

  • Interpleader — Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Diversity jurisdiction Personal jurisdiction Removal jurisdiction Venue Change of venue …   Wikipedia

  • interpleader — An equitable proceeding to determine the rights of rival claimants to property held by a third person having no interest therein. Balish v. Farnham, 92 Nev. 133, 546 P.2d 1297, 1299. When two or more persons claim the same thing (or fund) of a… …   Black's law dictionary

  • interpleader — A remedy, equitable in origin, devised and exercised on behalf of one in possession of property as a disinterested stakeholder, or obligated for the payment of a debt or the performance of a legal duty, to prevent loss or embarrassment to him… …   Ballentine's law dictionary

  • Interpleader Act — A statute which, as adopted in 1917 and subsequently amended, gives to the federal courts original jurisdiction of bills of interpleader and of bills in the nature of interpleader. 30 Am J Rev ed Interpl § 19 …   Ballentine's law dictionary

  • interpleader — I. noun Etymology: Anglo French enterpleder, from enterpleder, verb Date: 1567 a proceeding to enable a person to compel parties making the same claim against him to litigate the matter between themselves II. noun Date: circa 1846 one that… …   New Collegiate Dictionary

  • interpleader — interpleader1 /in teuhr plee deuhr/, n. Law. a judicial proceeding by which, when two parties make the same claim against a third party, the rightful claimant is determined. [1510 20; var. of ENTERPLEDER < AF (inf. used as n.)] interpleader2 /in… …   Universalium

  • interpleader — noun a) One who makes an interplea. b) Motion for a third party to enter into a lawsuit in process because a matter is being adjudicated in which they have an interest …   Wiktionary

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