Hagan

This case raises the question of the scope of jurisdiction of the United States District Court in an interpleader action.

The Title Insurance and Trust Company was the escrow holder of the sum of $1,750 deposited by Evert L. Hagan on an agreement between himself and Central Avenue Dairy, Inc., an Arizona corporation. Alleging that both Hagan and the Dairy company had made adverse claims against it for the $1,750, the Title Insurance and Trust Company brought in the United States District Court for the Southern District of California an action of inter-pleader as provided in the federal statutes, *503 28 U.S.C.A. §§ 1335 , 1397, 2361, joining the two claimants as defendants in this suit. Service was made upon the Dairy-company in Arizona. 1 It filed no answer and made no appearance in the inter-pleader suit. The District Court awarded the sum to Hagan. Hagan, in the meantime, had filed a cross-claim against Central Dairy asking for money damages and alleging that the claim for them grew out of the same contract which was the subject-matter of the escrow deposit. Central Dairy appeared specially and objected to the assertion of the court’s jurisdiction over it with regard to this…

I concur in the result.

The record in this case presents a very narrow question for decision on appeal.

The original interpleader required judicial determination only as to whether Hagan or Central Avenue Dairy was entitled to the sum of $1,750.00 deposited with the Title Company in escrow. The only terms, of the escrow instructions disclosed in the record concerning $1,750.00 were that it was to be disbursed upon instructions “from both Evert Hagan and Central Avenue Dairy, Inc., or from a court of competent jurisdiction.” The other terms of the escrow were all alleged to have been complied with. But such instructions for the disbursement of the $1,750.00 were not received by the escrow holder, although both Hagan and the Central Dairy had laid claim to it by demands upon the escrow holder. After the original interpleader suit was filed, and process therein issued and served upon both Hagan and Central Dairy, Hagan came into Court and claimed the $1,750.00. Central Dairy did not. It defaulted. On that record, the money was ordered paid to Hagan. There was nothing that called for judicial determination as to whether or not the Central Dairy was entitled to $1,750.00, or any of…

180 F.2d 502 HAGAN v. CENTRAL AVENUE DAIRY, Inc. No. 12211. United States Court of Appeals Ninth Circuit. January 4, 1950. Rehearing Denied February 7, 1950. Everet L. Hagan, in pro. per. Harry C. Hedberg, Los Angeles, Cal., for appellant. Bodkin, Breslin & Luddy, Los Angeles, Cal., for appellee. Before GOODRICH, and POPE, Circuit Judge, and HALL, District Judge. GOODRICH, Circuit Judge. 1 This case raises the question of the scope of jurisdiction of the United States District Court in an interpleader action. 2 The Title Insurance and Trust Company was the escrow holder of the sum of $1,750 deposited by Evert L. Hagan on an agreement between himself and Central Avenue Dairy, Inc., an Arizona corporation. Alleging that both Hagan and the Dairy company had made adverse claims against it for the $1,750, the Title Insurance and Trust Company brought in the United States District Court for the Southern District of California an action of interpleader as provided in the federal statutes, 28 U.S.C.A. §§ 1335 , 1397, 2361, joining the two claimants as defendants in this suit. Service was made upon the Dairy company in Arizona. 1 It filed no answer and made no appearance in…