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Rule interpleader provides a remedy for any person who is, or may be exposed to double or multiple liabilities. The stakeholder may invoke Rule 22 as a plaintiff, or by counter-claiming in an action already started against him by one, or more claimants. There are specific differences between Statutory Interpleader, and Rule Interpleader:
The Act repealed and replaced the existing federal interpleader act 44 Stat. 416 approved May 8, 1926 and codified it as United States Judicial Code §41(26), and established the modern statutory interpleader. The act was drafted by Zechariah Chafee, who considered this his foremost professional accomplishment. [1]
Rule 14(a)(5): A third-party defendant may engage in third-party practice of his own. Rule 14(a)(6): Special rules regarding maritime or admiralty jurisdiction. Rule 14(b): When a claim is asserted against a plaintiff, he may engage in third-party practice of his own. Rule 14(c): Special rules regarding maritime or admiralty jurisdiction.
In 1936 the Federal Interpeader Act was again repealed and replaced by the Federal Interpleader Act of 1936, 49 Stat. 1096, approved Jan. 20, 1936, drafted by Zechariah Chafee which codified it in as United States Judicial Code §41(26), and established the modern statutory interpleader allowing suite to be brought by any person, firm ...
Rule 46 provides that formal "exceptions" to court rulings are no longer necessary so long as a sufficient record is made of the objecting party's position. The next several rules govern jury trials. Rule 47 provides for the selection of jurors and rule 48 governs the number of jurors in a civil case. A civil jury must consist of between six ...
Until 1938, federal courts in the United States followed the doctrine set forth in the 1842 case of Swift v.Tyson. [2] In that case, the U.S. Supreme Court held that federal courts hearing cases brought under their diversity jurisdiction (allowing them to hear cases between parties from different U.S. states) had to apply the statutory law of the states, but not the common law developed by ...
Rule 24(b) provides for permissive intervention, which is subject to the discretion of the judge hearing the case. An applicant may be permitted by the court to intervene (1) when a federal statute confers upon the applicant a conditional right to intervene or (2) when the applicant's claim or defense shares a common question of law or fact ...
interpleader; equitable tracing as a remedy for unjust enrichment; The two main equitable remedies are injunctions and specific performance, and in casual legal parlance references to equitable remedies are often expressed as referring to those two remedies alone. Injunctions may be mandatory (requiring a person to do something) or prohibitory ...