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Lawskills.com Georgia Caselaw
BENNETT et al. v. BRYANT et al.
21432.
DUCKWORTH, Chief Justice.
Interpleader. Chattooga Superior Court. Before Judge Fariss.
After a hearing on the motion, the court granted the same and ordered the clerk to pay the claim of the movants from the funds in the registry of the court. The exception is to that judgment. Held:
The record clearly shows that several of the defendants, who are the plaintiffs in error here, had filed their claims to the funds, which were allowed filed by the court as interpleader before the order requiring all the defendants to file claims on or before a certain date. The order excepted to is clearly error and must be reversed. See Estill v. Estill, 147 Ga. 358 (94 SE 304); Whatley v. Alto Corporation, 211 Ga. 718, 724 (88 SE2d 398); Gunby v. Harper, 216 Ga. 94, 100 (114 SE2d 856).
Robert Edward Surles, contra.
Cook & Palmour, A. Cecil Palmour, for plaintiffs in error.
SUBMITTED OCTOBER 10, 1961 -- DECIDED OCTOBER 24, 1961.
Friday July 25 05:21 CDT


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