Upon the affidavit of a defendant, before answer in an action upon contract or for the recovery of personal property, that some third party, without collusion with the defendant, has or makes a claim to the subject of the action, and that the defendant is ready to pay or dispose of the same as the court may direct, the court may make an order for the safekeeping, or for the payment, or deposit in court, or delivery of the subject of the action, to such person as it may direct, and an order requiring such third party to appear in a reasonable time and maintain or relinquish his or her claim against the defendant. If such third party, being served with a copy of the order by the sheriff or such other person as the court may direct, fails to appear, the court may declare such third party barred of all claim in respect to the subject of the action against the defendant therein. If such third party appears, he or she shall be allowed to make himself or herself the defendant in the action in lieu of the original defendant, who shall be discharged from all liability to either of the other parties in respect to the subject of the action, upon compliance by the defendant with the order of the court for the payment, deposit, or delivery thereof.
Notes of Decisions
United Servs. Auto. Ass'n v. Hills, 109 N.W.2d 174 (Neb. 1961).
· cites it 4× “In such a proceeding, where a question of fact is involved, such issue may be tried and determined in the same manner as issues of fact in other civil actions.”
Ehlers v. Perry, 494 N.W.2d 325 (Neb. 1993).
· cites it 2× “INTERPLEADER Nebraska’s interpleader statute, Neb. Rev. Stat. § 25-325 (Reissue 1989), states: Upon the affidavit of a defendant, before answer in an action upon contract or for the recovery of personal property, that some third party, without collusion with him, has or makes a…”
Strasser v. Com. Nat'l Bank, 60 N.W.2d 672 (Neb. 1953).
· cites it 8× “” It will be noted, however, that no evidence was offered in the Bridgeport Bank case concerning that part of section 25-325, R. R. S. 1943, providing “that some third party, without collusion with him, has or makes a claim to the subject of the action.”
In Re Est. of Chaney, 439 N.W.2d 764 (Neb. 1989).
· cites it 2× “*135 It might be consistent with Koenig’s position in this matter (that he did not take any position as to whether the beneficiaries were entitled to priority funds from the estate) for him to attempt to interplead the creditors, pursuant to Neb. Rev. Stat. § 25-325 (Reissue…”
Burke Lumber & Coal Co. v. Anderson, 76 N.W.2d 630 (Neb. 1956).
· cites it 2× “It is the intent of section 25-325, R. R. S. 1943, upon interpleader by a stakeholder, that the stakeholder should pay the money held by the stakeholder into court or aver a willingness to pay it into court so that the court has control of the fund and its order as to the…”
Smith v. Baker's Local No. 433 Welfare Fund, 375 N.W.2d 922 (Neb. 1985).
· cites it 6× “Smith against Continental Baking Division of International Telephone & Telegraph Corporation (Continental) and its insurance carrier.”
Linehan v. First Nat. Bank of Gordon, 579 N.W.2d 157 (Neb. Ct. App. 1998).
· cites it 3× “Pursuant to Neb. Rev. Stat. § 25-325 (Reissue 1995), the bank filed an interpleader affidavit.”
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