#### Village of Glencoe, Appellant, v. Albert O. Olson and Morton T. Culver, Appellees.

Gen. No. 22,703.

(Not to be reported in full.)

Abstract of the Decision.

1. Interpleader, § 6 * —what are essentials to hill of. It is essential to a hill of interpleader that the party seeking relief shall have incurred no independent liability to either party with reference to the subject-matter of the suit; that he should have *454acknowledged the title oí neither in respect to the specific property in dispute; and that he claims no interest in the subject-matter himself.

*453Appeal from the Circuit Court of Cook county; the Hon. Frederick A. Smith, Judge, presiding. Heard in this court at the October term, 1916.

Certiorari denied by Supreme Court (making opinion final).

Reversed and remanded with directions.

Opinion filed March 26, 1917.

Rehearing denied April 9, 1917.

Statement of the Case.

Bill of interpleader by the Village of Glencoe, complainant, against Albert 0. Olson and Morton T. Culver, defendants, as to certain warrants or vouchers for the payment of money out of a certain special assessment fund in complainant’s possession, in which the defendant Culver filed a cross-bill against the complainant disclaiming any interest in such warrants or vouchers and claiming a debt due otherwise from the complainant to him. From a decree for the cross complainant ordering the complainant to pay him $2,626.10, with interest, complainant appeals.

George I. Hicks, for appellant; Fred D. Jackson, of counsel.

Morton T. Culver, for appellees.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Dever

delivered the opinion of the court.

*4542. Interpleader, § 2 * —when propriety of hill of may not he raised. Where defendants to a bill of interpleader interplead without objection and go to trial on the issue, it is too late to raise the objection that the case is not a proper one for a bill of inter-pleader.

3. Interpleader, § 14*—when cross-Mil does not lie. On 'a bill of interpleader as to certain warrants for payment of money out of a certain special assessment fund in complainant’s possession, in which complainant and one of the defendants disclaimed as to such warrants, held that a cross-bill by such defendant as to other portions of such fund than relates to such warrants would not lie.