Sec. 343. Method Of Procedure

The procedure with respect to interpleader is, in many states, regulated by statute. Among the states which regulate the matter by statutory provision are New York,10 Massachusetts,11 Ohio,12 California,13 Delaware,14 Connecticut,15 Oregon,16 and Georgia.17 New York has very explicit statutory provisions, which are presented here for illustrative purposes.

Section 820 of the New York Code of Civil Procedure, providing for interpleader in a contract action which is pending, is as follows: "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, ana to discharge him from liability to either, on his paying into court the amount of the debt, or delivering the possession of the property, or its value, to such person as the court directs; or upon it appearing that the defendant disputes, in whole or in part, the liability as asserted against him by different claimants, or that he has some interest in the subject matter of the controversy which he desires to assert, his application may be for an order joining the other claimant or claimants as co-defendants with him in the action. The court may, in its discretion, make such order, upon such terms as to costs and payments into court of the amount of the debt, or part thereof, or delivery of the possession of the property, or its value or part thereof, as may be just, and thereupon the entire controversy may be determined in the action."

9Citing 23 Cyc. 31; North Pac. Lbr. Co. v. Lang, 28 Ore. 246; 42 Pac. 799; 52 Am. St. Rep. 780; Newhall v. Hastens, 70 111. 156; Duke L. & Co. v. Duke, etc., 93 Mo. App. 244.

10 N. Y. Code of Civ. Pro., Sec. 820. 820a; Mon. Ct. Act, Sec. 187.

11 Rev. Laws of Mass. (1902), Ch. 173, Sec. 37.

12 Bates Ann. Ohio Stats., Sec. 5016.

13Cal. Code of Civ. Pro.. Sec. 386.

14 Del. Rev. Code, Ch. 106, Sec. 34, 35.

15Gen. Stat, of Conn. (Rev. of 1902), Sec. 1019.

16 Oregon Ann. Codes and Stats., Sec. 40.

17 Ga. Code, Art. 3, Ch. 6, Sec. 4896 et eeq.

Section 820a of the same code, added to take effect September 1, 1908, allows a debtor to bring an action of interpleader when any sum of money shall be due and payable under or on account of a contract and the whole or any part thereof, exceeding fifty dollars in amount, shall be claimed or demanded by adverse claimants. The text of this section is as follows: "When any sum of money shall be due and payable under or on account of a contract, and the whole, or any part thereof, exceeding fifty dollars in amount, shall be claimed or demanded by adverse claimants thereto, the debtor may bring suit in any court having jurisdiction thereof and of the parties, demanding judgment of interpleader, and that the debtor be permitted to pay the amount of the debt into court, and that such debtor upon such payment into court be discharged from any further liability to any of the parties to the action. When service of the summons and complaint shall have been made upon all such claimants, the plaintiff may make application, by petition or upon affidavits for an order permitting and directing the plaintiff to pay the amount of the debt into court, and that the plaintiff, upon the payment into court of the amount of the debt as required by the order, be discharged from any further liability to any of the defendants in such action, and the court, upon satisfactory proof by affidavit or otherwise, as the court may require, of the facts alleged in the complaint, and that the whole or part of the debt is claimed adversely by the defendants without any collusion on the part of the plaintiff, and that the amount thereof is not in dispute may make such an order, upon such terms as to costs and disbursements payable out of the money so adversely claimed as to the court may seem just, and upon the payment into court of the amount of such debt, and complying with the terms of such order, the plaintiff shall stand discharged from any further liability to any of the defendants in said action upon account of such debt and contract. Notice of such application, together with copies of the papers upon which the same is made, shall be personally served on each of the defendants, at least five, and not more than fifteen days before the return day thereof."

Section 187 of the Municipal Court Act of New York City18 provides for interpleader in certain cases as follows:

"A defendant against whom an action to recover upon a contract, 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 liability to either, on his paying into court the amount of the debt, or delivering the possession of the property, or its value, to such person as the court directs; or upon it appearing that the defendant disputes, in whole or in part, the liability as asserted against him by different claimants, or that he has some interest in the subject matter of the controversy which he desires to assert, his application may be for an order joining the other claimant or claimants, as co-defendants with him in the action. The court may, in its discretion, make such order, upon such terms as to costs and payments into court of the amount of the debt, or part thereof, or delivery of the possession of the property, or its value or part thereof, as may be just, and thereupon the entire controversy may be determined in the action."

18The Municipal Court of the City of New York is of limited Jurisdiction, and, speaking generally, has jurisdiction of civil actions involving $500 or less.