§ FORM 32 ANSWER TO COMPLAINT SET FORTH IN FORM 11, WITH COUNTERCLAIM FOR INTERPLEADER

Codes > Mississippi Rules of Civil Procedure > Chapter XI > Appendix A > FORM 32

FORM 32. ANSWER TO COMPLAINT SET FORTH IN FORM 11, WITH COUNTERCLAIM FOR INTERPLEADER

Defense

    Defendant admits the allegations stated in paragraph 1 of the complaint and denies the allegations stated in paragraph 2 to the extent set forth in the counterclaim herein.

    Counterclaim for Interpleader

    1. Defendant received the sum of _______ dollars as a deposit from E. F.

    2. Plaintiff has demanded the payment of such deposit to him by virtue of an assignment of same which he claims to have received from E. F.

    3. E. F. has notified the defendant that he claims such deposit, that the purported assignment is not valid, and that he holds the defendant responsible for the deposit.

    Wherefore defendant demands:

    (1) That the court order E. F. to be made a party defendant to respond to the complaint and to this counterclaim.

    (2) That the court order the plaintiff or E. F. to interplead their respective claims.

    (3) That the court adjudge whether the plaintiff or E. F. is entitled to the sum of money.

    (4) That the court discharge defendant from all liability in the action except to the person it shall adjudge entitled to the sum of money.

    (5) That the court award to the defendant its costs and attorney's fees.

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