Majority
p. 316James W. Kelly v. Patrick J. Collins. (City Court of New York, Special Term, Filed October, 1888.)
Headnote
Effect of interpleader—Right to discontinue original action. 'The effect of an order of interpleader is to merge the two actions into one in respect to subsequent procedure, and it is too late to discontinue one of the original actions after the interpleader is ordered.
Motion to vacate order.
Roe & Macklin, for motion; D. & H. Doherty, opposed.
The effect of the order of interpleader was to merge the two actions into one in respect to subsequent procedure. It was too late to discontinue one of the original actions after it had become effectually merged into the other. In addition to this, the action could not be discontinued by the mere service of a notice. A rule for discontinuance should have been entered with the clerk, and the defendant’s costs paid or tendered. 10 N. Y., 500 . Motion to set aside order of interpleader denied, without costs.