Page:United States Statutes at Large Volume 47 Part 1.djvu/947

 72d CONG RESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . 923 such person as the court may direct ; and the court may, in its dis- cretion, make the order. And whenever conflicting claims are or may be made upon a person for or relating to personal property, or the performance of an obligation, or any portion thereof, such pe rson may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves. The order of substitution may be made and the action of interpleader may be maintained, and the applicant or plaintiff be discharged from liability to all or any of the conflicting claimants, although their titles or claims have not a common origin, or are not identical, but are adverse to and independent of one another. SEC. 10 8. INTERVENTION, WHEN IT TAKES PLACE, AND HOW MADE.- Intervention. At any time before trial, any person, who has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding. An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, ei ther by Joining the plai ntiff in claimin g what i s sotigh t by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant, and is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the court and served upon the parties to the action or proceeding who have not appeared, and upon the attorneys of the parties who have appeared, who may answer or demur to it within ten days from the service thereof if served within the Canal Zone, or within forty days if served elsewh ere. SEC. 109. ASSOCIATES MAY BE SUED BY NAME OF ASSOCIATION .-When Suits spinst bud. two or more persons, associated in any business, transact such busi- ness as sociate s' ness under a common name, whether it comprises the names of su ch persons or not, the associates may be sued by such common name, the summons in such cases b eing served on one or more of the associates ; and the judgment in the action shall bind the ,'oint prop- erty of all the associates, and the individual property of the party or parties served with process, in the same manner as if all had been named defendants and had been sued upon their joint liability. SEC. 110. COURT, WHEN TO DECIDE CONTROVERSY OR TO ORDER OTHER Court, when to de. PARTIES TO BE BROUGHT IN .-The court may determine any controversy o de controversy to rder other parties es to between parties before it, when it can be done without prejudice to be brought in. the rights of others, or by saving their rights ; but when a complete determination of the controversy can not be had without the presence of other parties, the court must then order them to be brought in, and to that end may order amended and supplemental pleadings, or a cross-complaint to be filed, and summons thereon to be issued and served. And when, in an action for the recovery of real or personal property, or t o determine conf licting claims t hereto, a person, not a party to the action, but having an interest in the subject thereof, makes application to the court to be made a party, it may order him to be brought in, by the proper amendment. CHAPTER 7.-PLACE OF TRIAL OF CIV IL ACT ION S SEC. 111. PLACE OF TRIAL OF CIVIL ACTIONS IN OENERAL.-All actions not hereinafte r otherwise prov ided for may be brought in the d ivision or subdivision where the defendant or necessary party defendant may reside or be found, or in the division or subdivision where the plaintiff or one of the plaintiffs resides, at the election of the plaintiff, iccpt in cases where other special provision is made in this code. In case neither the plaintiff nor the defendant resides within the PLACE OF TRIAL OFCIVILACTIONS. In general.