96 Ga. 190 | Ga. | 1895
As the first head-note is a literal copy of section 3234 of the code, its correctness as a legal proposition can hardly be questioned. "Whether or not it is applicable in the present case depends, of course, upon the facts, which appear in the official report. No one, we think, after reading with any degree of care the reporter’s statement, can have much, if any, doubt that if there ever was a case in which it was uncertain as to who was entitled to a fund in the hands of an innocent stakeholder, this is undoubtedly a case of that kind. The City of Atlanta owed at least a portion of the money it held to one of two persons laying claim to the same, and we think it clearly appears that these adverse claims were of such a character as to render it at least doubtful who was best entitled to receive the fund in controversy. It seems evident that Jenkins had a lien upon this fund
The interpleader ought to have been allowed, and the respective rights of all parties thus definitely settled by one verdict and judgment. Judgment reversed.