Interpleader

^— At Common Law. A proceeding In the action of detinue, by which the defendant states the fact that the thing sued for is in his hands, and that it is claimed by a third person, and that whether such person or the plaintiff is entitled to it is unknown to the defendant, and thereupon the defendant prays that a process of garnishment may be issued to compel such third person so claiming to become defendant in his stead.

3 Reeve, Hist. Eng. Law, c. 23; Mitf. Eq. PI. (Jeremy Ed.) 141; Story, Eq. Jur, §i 800. 801, 802.

In Equity. A bill whereby one from whom two or more persons claim the same duty or thing can compel them to interplead, and have their several claims adjudged, lest he be twice compelled to render the same debt, duty, or property.

77 111. 139.

In Modern Law. Several statutory remedies have been substituted in various states. In some, a complaint in the nature of a bill of interpleader (see 17 Mo. 499), and in others a formal collateral proceeding to try title to property (130 111. 87). INTERPRETARE ET CONCORDARE LEges legibus est optimus interpretandi modus. To interpret and reconcile laws so that they harmonize is the best mode of construction.

8 Coke, 169.

INTERPRETATIO CHARTARUM BENIGne facienda est, ut res magis valeat quam pereat. The Interpretation of deeds is to be liberal, that the thing may rather have effect than fail.

Broom, Leg. Max. 543.

INTERPRETATIO FIENDA EST UT RES magis valeat quam pereat. Such a construction is to be made that the subject may have an effect, rather than none.

Jenk. Cent. Cas. 198.

INTERPRETATIO TALIS AMBIGUIS semper fienda est, ut evitetur inconveniens et absurdum. In ambiguous things, such a construction should be made that what is inconvenient and absurd may be avoided.

4 Inst. 328.