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INTERPLEADER

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Originally appearing in Volume V14, Page 706 of the 1911 Encyclopedia Britannica.
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INTERPLEADER , in See also:

English See also:law, the See also:form of See also:action by which' a See also:person who is sued at law by two or more parties claiming adversely to each other for the recovery of See also:money or goods wherein he has no See also:interest, obtains See also:relief by procuring the See also:rival claimants to try their rights between or among themselves only. Originally the only relief available to the possessor against such adverse claims was by means of a See also:bill of interpleader in See also:equity. The Interpleader See also:Act 1831 enabled the See also:defendant in such cases, on application to the See also:court, to have the See also:original action stayed and converted into a trial between the two claimants. The See also:Common Law See also:Procedure Act of 186o further extended the See also:power of the II against whom it was pronounced was subject to the See also:jurisdiction by See also:nationality or See also:domicile; the See also:judgment may then be sued on as giving of itself a See also:good See also:title to the sum decreed by it to be paid. For domestic purposes the competence may exist on quite other grounds. By its own territorial law a court may be authorized to entertain a suit in personam because the See also:plaintiff possesses its nationality, as by See also:Article 14 of the See also:code See also:Napoleon, or because the See also:contract sued on was made or was to be performed in the territory, and so forth. But judgments based on these grounds will not be enforceable outside the territory. Here we See also:touch the See also:root principles of our subject. The distinction between domestic and See also:international grounds of competence can only be explained by the See also:history of law, and we come in sight of the fact that the rules of private international law See also:rest finally on conventions which could not have existed if the See also:civilization of different countries had not so much that was common in its origin and in the course which it has followed, but which suit the See also:life of those countries just because that life is itself another outcome of those common antecedents. common law courts in interpleader; and the Judicature Act 1875 enacted that the practice and procedure under these two statutes should apply to all divisions of the High Court of See also:Justice. The Judicature Act also extended the remedy of interpleader to a debtor or other person liable in respect of a See also:debt alleged to be assigned, when the See also:assignment was disputed. In 1883 the acts of 1831 and 186o were embodied in the form of rules by the Rules of the Supreme Courts (1883), O. lvii. by reference to which all questions of interpleader in the High Court of Justice are now determined.

The acts themselves were repealed by the See also:

Statute Law Revision Act of the same See also:year. Interpleader is the See also:equivalent of See also:multiplepoinding in Scots law.

End of Article: INTERPLEADER

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