28-U.S.C.-2361
§2361 – Process and Procedure
Pathway
Title 28 > Part VI > Chapter 159 > Section 2361
Details
- Reference: Section 2361
- Legend: §2361 – Process and Procedure
- USCode Year: 2013
Provision Content
In any civil action of interpleader or in the nature of interpleader under section 1335 of this title, a district court may issue its process for all claimants and enter its order restraining them from instituting or prosecuting any proceeding in any State or United States court affecting the property, instrument or obligation involved in the interpleader action until further order of the court. Such process and order shall be returnable at such time as the court or judge thereof directs, and shall be addressed to and served by the United States marshals for the respective districts where the claimants reside or may be found.
Such district court shall hear and determine the case, and may discharge the plaintiff from further liability, make the injunction permanent, and make all appropriate orders to enforce its judgment.
(June 25, 1948, ch. 646, 62 Stat. 970; May 24, 1949, ch. 139, §117, 63 Stat. 105.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., §41(26) (Mar. 3, 1911, ch. 231, §24, par. 26, as added Jan. 20, 1936, ch. 13, §1, 49 Stat. 1096).
Jurisdiction and venue provisions of section 41(26) of title 28, U.S.C., 1940 ed., appear in sections 1335 and 1397 of this title.
Subsection (e) of section 41(26) of title 28, U.S.C., 1940 ed., relating to defense in nature of interpleader and joinder of additional parties, was omitted as unnecessary, such matters being governed by the Federal Rules of Civil Procedure.
Words, Notwithstanding any provision of part I of this title to the contrary were omitted as unnecessary, since the revised title contains no contrary provisions.
Changes were made in phraseology.
1949 Act
This section makes clear that section 2361 of title 28, U.S.C., applies only to statutory actions and not to general equity interpleader suits in which the jurisdictional amount and diversity of citizenship requirements are the same as in other diversity cases.
Amendments
1949—Act May 24, 1949, substituted In any civil action of interpleader or in the nature of interpleader under section 1335 under this title for In any interpleader action,, and inserted or prosecuting between instituting and any proceeding.
U.S. Encyclopedia of Law Coverage
28-U.S.C.-2345 in the Legal Encyclopedia: Judiciary
In this entry about 28-U.S.C.-2345, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.
28-U.S.C.-2342 in the Legal Encyclopedia: Proceedings
In this entry about 28-U.S.C.-2342, find legal reference material, bibliographies and premiere content related to proceedings in the American Encyclopedia of Law, presenting a comprehensive view of the United States proceedings-specific issues, written by authorities in the field.
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