Miss. Code Ann. § 11-35-41

Garnishee may compel interpleader

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When a garnishee, by his answer or by affidavit at any time before final judgment against him, or after such judgment if he had no such notice before the judgment was rendered, shall show that he has been notified that another person claims title to or an interest in the debt or property, which has been admitted by him, or found on a trial to be due or to be in his possession, the court shall suspend all further proceedings, and cause a summons to issue or publication to be made for the person so claiming to appear and contest with the plaintiff the right to such money, debt, or property. In such case, if the answer admit an indebtedness, and the garnishee pay the money into court, he shall thereupon be discharged from liability to either party for the sum so paid. And whenever such garnishee shall by said answer or affidavit show that he has been notified that another person claims title to or interest in such debt or property, it shall be lawful for such third person of his own motion to come in and claim the debt or property, and the claim shall be tried as other claimant's issues are tried whether summons or publication has been made to bring him in or not.

Codes, 1857, ch. 52, art. 34; 1871, § 1451; 1880, § 2449; 1892, § 2143; 1906, § 2351; Hemingway's 1917, § 1946; 1930, § 1852; 1942, § 2804.

Notes of Decisions

Cited in 7 cases, 1982–2017 · leading case: GULF COAST GALVANIZING v. Steel Sales Co., Inc.

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GULF COAST GALVANIZING v. Steel Sales Co., Inc. (1993) mssd · cites it 5× “Trustmark’s amended answer to the writ of garnishment, in which it acknowledged the competing claim of the IRS to the funds in Steel Sales’ account and sought to interplead the funds under Miss.Code Ann. § 11-35-41, was filed with the Hinds County Circuit Clerk on April 6, 1992.”

Estate of Heiser v. Islamic Republic of Iran (2011) dcd “Instead, DC law permits any person with a claim to property subject to attachment to appear and demand a trial of any issues necessary to determine the appropriate action with respect to the property in question.”

Bar-Til, Inc. v. Superior Asphalt, Inc. (2017) missctapp · cites it 2× “Miss. Code Ann. § 11-35-41 (Rev. 2004). This right, protects the garnishee from double liability on the same judgment.”

Bricks Unlimited, Inc. v. Ralph L. Agee (1982) ca5 “On that date, Sutton, noting that the Bank and Shelby Agee were claiming an interest in the garnished debt, interpleaded the full $16,425 due on the note into the registry of the federal district *1258 court (as permitted under Mississippi law, see Miss.Code § 11-35-41) in the…”

United States v. Seymour (2008) ca5 “, Miss.Code Ann. § 11-35-41; Delta Fertilizer, 547 So.”

Deposit Guaranty National Bank v. Pete (1991) miss “1989); Miss. Code Ann. 11-35-41 (1972). Yet the Bank on its own did nothing to protect itself or the Petes.”

Kazery v. City of Jackson (1998) mssd · cites it 4× “Defendant, which is the garnishee pursuant to the writ of garnishment issued by the County Court of Rankin County, also requests, presumably under Miss.Code Ann. § 11-35-41, that it be permitted to inter-plead the settlement funds into this court’s registry so that a…”

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