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Dorsaneo, Texas Litigation Guide
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

5-81 Dorsaneo, Texas Litigation Guide 81.syn




Professor William V. Dorsaneo III

Chapter Summary


This chapter from Dorsaneo, Texas Litigation Guide, discusses the remedy of interpleader, under which a stakeholder deposits property claimed by others into the court's registry, is discharged, and leaves the claimants to litigate their rights. It also covers the type of property subject to interpleader.

The chapter details the prerequisites necessary for entitling a stakeholder to interpleader, including the existence of rival claims, that the rival claims relate to the same property, and the lack of independent liability. It also reviews the procedure for commencing an interpleader action by petition or by cross-claim or counterclaim and addresses the related topics of time limitations, jurisdiction, and venue.

The chapter includes a procedural guide setting forth a checklist of the essential steps for a stakeholder to obtain interpleader, as well as a checklist for claimants who wish to contest the remedy and assert a right to the interpleaded property. It contains forms with commentary, including a sample of a stakeholder's petition and a claimant's answer. The chapter also provides a research guide with links to related constitutional and statutory provisions, procedural rules, case law, law reviews, periodicals, and annotations.

Dorsaneo, Texas Litigation Guide (Matthew Bender) provides a step-by-step guide to civil procedure in Texas, from filing the petition through appellate procedure, with substantive practice-area topics offering legal background, checklists, forms, and research guides. It covers business entity, commercial, real estate, personal injury, family law, and probate litigation, as well as administrative proceedings.




See Chapter 1 for information on the commencement of a civil action in Texas courts.

See Chapter 12 for information on joinder of parties generally.

See Chapter 70 for information regarding pleas raising the issue of nonjoinder in the answer.

See Chapter 80 for information on joinder of third parties.

See Chapter 112 for remedies for improper joinder of parties.


See Texas Civil Trial Guide (Matthew Bender) for comprehensive, authoritative, and up-to-date coverage of pleadings, motions, trial settings, continuances, consolidation and severance, jury selection, motions for judgment, and closing argument.

See Texas Civil Trial and Appellate Procedure (Matthew Bender) for a solid foundation for civil trial or appellate practice, covering everything from analyses of court rules, statutes, and cases to the underlying laws governing civil and appellate procedure.

See Personal Injury: Actions, Defenses, Damages (Matthew Bender) for the largest and most comprehensive case law compendium in legal literature, with encyclopedic treatment of the personal injury law of every American jurisdiction and coverage of theories of recovery, elements of causes of action, necessary allegations, defenses, and damages.

See Powell on Real Property (Matthew Bender) for expert analysis on all aspects of real property law that is national in scope.
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