60-222.Interpleader.(a) Persons required to interplead. Persons having claims againstthe plaintiff may be joined as defendants and required to interplead whentheir claims are such that the plaintiff is or may be exposed to double ormultiple liability. It is not ground for objection to the joinder that theclaims of the several claimants or the titles on which their claims dependdo not have a common origin or are not identical but are adverse to andindependent of one another, or that the plaintiff avers that he or she is notliable in whole or in part to any or all of the claimants. A defendantexposed to similar liability may obtain such interpleader by way ofcross-claim or counterclaim.
(b) Disclaimer by defendant. In any action upon contract or for therecovery of personal property, the defendant may answer that some thirdparty without collusion with him or her has or makes a claim to the subject of theaction, and that he or she is ready to pay or dispose of the same as the court maydirect, the court or judge may make an order for the safekeeping, or forthe payment or deposit in court, or delivery of the subject of the actionto such persons as it may direct, and may make an order requiring suchthird party to appear in a reasonable time and maintain or relinquish his or herclaim against the defendant. If such third party, being served with a copyof the order by the sheriff, or such other person as the court or judge maydirect, fail to appear, the court may declare him or her barred of all claim inrespect to the subject of the action against the defendant therein. If suchthird party appear, he or she shall be allowed to make himself or herself defendant in theaction, in lieu of the original defendant, who shall be discharged from allliability to either of the other parties in respect to the subject of theaction, upon his or her compliance with the order of the court or judge for thepayment, deposit or delivery therof.
(c) Application. The provisions of this section supplement and donot in any way limit the joinder of parties permitted in K.S.A. 60-220.
60-222.Interpleader.(a) Persons required to interplead. Persons having claims againstthe plaintiff may be joined as defendants and required to interplead whentheir claims are such that the plaintiff is or may be exposed to double ormultiple liability. It is not ground for objection to the joinder that theclaims of the several claimants or the titles on which their claims dependdo not have a common origin or are not identical but are adverse to andindependent of one another, or that the plaintiff avers that he or she is notliable in whole or in part to any or all of the claimants. A defendantexposed to similar liability may obtain such interpleader by way ofcross-claim or counterclaim.
(b) Disclaimer by defendant. In any action upon contract or for therecovery of personal property, the defendant may answer that some thirdparty without collusion with him or her has or makes a claim to the subject of theaction, and that he or she is ready to pay or dispose of the same as the court maydirect, the court or judge may make an order for the safekeeping, or forthe payment or deposit in court, or delivery of the subject of the actionto such persons as it may direct, and may make an order requiring suchthird party to appear in a reasonable time and maintain or relinquish his or herclaim against the defendant. If such third party, being served with a copyof the order by the sheriff, or such other person as the court or judge maydirect, fail to appear, the court may declare him or her barred of all claim inrespect to the subject of the action against the defendant therein. If suchthird party appear, he or she shall be allowed to make himself or herself defendant in theaction, in lieu of the original defendant, who shall be discharged from allliability to either of the other parties in respect to the subject of theaction, upon his or her compliance with the order of the court or judge for thepayment, deposit or delivery therof.
(c) Application. The provisions of this section supplement and donot in any way limit the joinder of parties permitted in K.S.A. 60-220.
60-222.Interpleader.(a) Persons required to interplead. Persons having claims againstthe plaintiff may be joined as defendants and required to interplead whentheir claims are such that the plaintiff is or may be exposed to double ormultiple liability. It is not ground for objection to the joinder that theclaims of the several claimants or the titles on which their claims dependdo not have a common origin or are not identical but are adverse to andindependent of one another, or that the plaintiff avers that he or she is notliable in whole or in part to any or all of the claimants. A defendantexposed to similar liability may obtain such interpleader by way ofcross-claim or counterclaim.
(b) Disclaimer by defendant. In any action upon contract or for therecovery of personal property, the defendant may answer that some thirdparty without collusion with him or her has or makes a claim to the subject of theaction, and that he or she is ready to pay or dispose of the same as the court maydirect, the court or judge may make an order for the safekeeping, or forthe payment or deposit in court, or delivery of the subject of the actionto such persons as it may direct, and may make an order requiring suchthird party to appear in a reasonable time and maintain or relinquish his or herclaim against the defendant. If such third party, being served with a copyof the order by the sheriff, or such other person as the court or judge maydirect, fail to appear, the court may declare him or her barred of all claim inrespect to the subject of the action against the defendant therein. If suchthird party appear, he or she shall be allowed to make himself or herself defendant in theaction, in lieu of the original defendant, who shall be discharged from allliability to either of the other parties in respect to the subject of theaction, upon his or her compliance with the order of the court or judge for thepayment, deposit or delivery therof.
(c) Application. The provisions of this section supplement and donot in any way limit the joinder of parties permitted in K.S.A. 60-220.
