Scott v. Marden

¹⁵ Sloan, J., delivered the opinion of the Court. These cases come before us on appeals from orders of the Circuit Court of Baltimore City, overruling demurrers of the appellants to the answers of the appellee, in the nature of cross bills, to bills of interpleader filed against the appellee and appellants, by the Travelers’ Insurance Company in one case, and by the Equitable Life Assurance Society of the United States in the other. Both parties were claimants of the proceeds of insurance on the life of William H. Scott, deceased, of whose estate the appellants are executors. The money due on the policies was paid into court by both companies and the court passed an order in each case requiring the respective parties to interplead, the appellee here to be plaintiff and the appellants to be defendants.

The appellee filed her cross bill, to which the appellants demurred. The court sustained the demurrers to the original cross bill. The appellee then filed amended cross bills, the appellants again demurred and the demurrers were overruled, and from the orders overruling the demurrers the cases are before us. For the reasons hereinafter given we do not consider the allegations of the amended answers of the appellee, which are in the nature of cross bills, nor the grounds of demurrer, open for consideration on this appeal.

It does not seem to be the practice anywhere for one defendant in interpleader, as a first