19 N.Y.S. 904 | The Superior Court of the City of New York and Buffalo | 1892
The court is without power to settle the conflicting claims on an application for interpleader under section 820
Code Civil Proc. § 820, provides: “A defendant, against whom an action to recover upon a contract, or an action of ejectment, or an action to recover a chattel is pending, may, at any time before answer, upon proof by affidavit that a person not a party to the action makes a demand against him for the same debt or property, without collusion with him, apply to the court, upon notice to that person and the adverse party, for an order to substitute that person in his place, and to discharge him from Hability to either, on his paying into court the amount of the debt, or delivering the possession oí the property, or its value, to such person as the court directs. The court may, in its discretion, make such an order. ”