16 Mo. 179 | Mo. | 1852
delivered the opinion of the court.
The plaintiffs, having instituted a suit by attachment against Ephraim Moore, the present appellants, Moore & Chapman, on the 11th of October, 1848, filed their claim to the property attached in the hands of the garnishee, as interpleaders. Issue was made on this claim and was tried on the 18th of March, 1850. Upon the trial, the interpleaders took a nonsuit, and
As the interposition of a claim to the property attached delays the proceedings in the original action, it is certainly important, that it should be made and determined as speedily as practicable. The 39th section of the attachment act, which allows the claimant to interplead, provides, that the issue shall be tried without any unnecessary delay, and no judgment shall bo rendered against the garnishee in whose hands the property or effects may be, until the interpleader shall be determined.” In the present case, the same parties who had claimed the property and had their right to it tried in March, 1850, and the judgment of the court affirmed in this court, come again in May, 1851, and without any permission of the court, renew their claim. If this proceeding be allowable, the plaintiffs, whatever may be the merits of their claim, "will never get a judgment against the garnishee.
The court rightly struck out the claim filed by the interplead-ers, under the circumstances of this case, and the judgment is affirmed, with the concurrence of the other Judges.