Moore Printing Typewriter Co. v. Nat. Sav. Co., 218 U.S. 422 (1910)

Moore Printing Typewriter Company

v. National Savings and Trust Company
No. 21

Argued October 27, 28, 1910
Decided November 28, 1910
218 U.S. 422

APPEAL FROM THE COURT OF APPEALS

OF THE DISTRICT OF COLUMBIA

Syllabus

Where the prayer of a bill by a trustee is simply for permission to resign the trust and turn over the subject matter thereof to another trustee in accordance with the terms of the agreement itself, the action cannot be treated as one of or in the nature of interpleader.

Where the filing of a cross-bill would tie up property pending determination of title, the court does not err in requiring the party filing it to apply for an injunction and give a bond as required by the rules of the court; nor will this Court assume that the amount of the bond was too large when such party did not invoke further action, but took an appeal before the expiration of the time allowed for complying with the provisions of the decree.

31 App.D.C. 452, affirmed.

The facts are stated in the opinion.