Montana Code Annotated
Appendix of Forms
Form 14. COMPLAINT FOR INTERPLEADER AND DECLARATORY RELIEF

Form 14. COMPLAINT FOR INTERPLEADER ANDDECLARATORY RELIEF
1. On or about June 1, 1956, plaintiff issued to G.H. a policy of life insurance whereby plaintiff promised to pay to K.L. as beneficiary the sum of ten thousand dollars upon the death of G.H. The policy required the payment by G.H. of a stipulated premium on June 1, 1956, and annually thereafter as a condition precedent to its continuance in force.
2. No part of the premium due June 1, 1956, was ever paid and the policy ceased to have any force or effect on July 1, 1956.
3. Thereafter, on September 1, 1956, G.H. and K.L. died as the result of a collision between a locomotive and the automobile in which G.H. and K.L. were riding.
4. Defendant C.D. is the duly appointed and acting executor of the will of G.H.; defendant E.F. is the duly appointed and acting executor of the will of K.L.; defendant X.Y. claims to have been duly designated as beneficiary of said policy in place of K.L.
5. Each of defendants C.D., E.F., and X.Y. is claiming that the above-mentioned policy was in full force and effect at the time of the death of G.H.; each of them is claiming to be the only person entitled to receive payment of the amount of the policy and has made demand for payment thereof.
6. By reason of these conflicting claims of the defendants, plaintiff is in great doubt as to which defendant is entitled to be paid the amount of the policy, if it was in force at the death of G.H.
Wherefore plaintiff demands that the court adjudge:
(1) That none of the defendants is entitled to recover from plaintiff the amount of said policy or any part thereof.
(2) That each of the defendants be restrained from instituting any action against plaintiff for the recovery of the amount of said policy or any part thereof.
(3) That, if the court shall determine that said policy was in force at the death of G.H., the defendants be required to interplead and settle between themselves their rights to the money due under said policy, and that plaintiff be discharged from all liability in the premises except to the person whom the court shall adjudge entitled to the amount of said policy.
(4) That plaintiff recover its costs.
History: En. Sec. 80, Ch. 13, L. 1961.

Structure Montana Code Annotated

Montana Code Annotated

Title 25. Civil Procedure

Chapter 20. Rules of Civil Procedure

Appendix of Forms

Form 1. SUMMONS -- OFFICIAL FORM

Form 2. COMPLAINT ON A PROMISSORY NOTE

Form 3. COMPLAINT ON AN ACCOUNT

Form 4. COMPLAINT FOR GOODS SOLD AND DELIVERED

Form 5. COMPLAINT FOR MONEY LENT

Form 6. COMPLAINT FOR MONEY PAID BY MISTAKE

Form 7. COMPLAINT FOR MONEY HAD AND RECEIVED

Form 8. COMPLAINT FOR NEGLIGENCE

Form 9. COMPLAINT FOR NEGLIGENCE WHERE PLAINTIFF IS UNABLE TO DETERMINE DEFINITELY WHETHER THE PERSON RESPONSIBLE IS C.D. or E.F. OR WHETHER BOTH ARE RESPONSIBLE AND WHERE PLAINTIFF'S EVIDENCE MAY JUSTIFY A FINDING OF WILLFULNESS OR OF RECKLESSNESS O...

Form 10. COMPLAINT FOR CONVERSION

Form 11. COMPLAINT FOR SPECIFIC PERFORMANCE OF CONTRACT TO CONVEY LAND

Form 12. COMPLAINT ON CLAIM FOR DEBT AND TO SET ASIDE FRAUDULENT CONVEYANCE UNDER RULE 18(b)

Form 13. COMPLAINT FOR NEGLIGENCE UNDER FEDERAL EMPLOYERS' LIABILITY ACT (45 U.S.C.A., 51-58)

Form 14. COMPLAINT FOR INTERPLEADER AND DECLARATORY RELIEF

Form 15. MOTION TO DISMISS

Form 16. ANSWER PRESENTING DEFENSES UNDER RULE 12(b)

Form 17. ANSWER TO COMPLAINT SET FORTH IN FORM 7, WITH COUNTERCLAIM FOR INTERPLEADER

Form 18. THIRD-PARTY SUMMONS

Form 18-A. NOTICE OF A LAWSUIT AND REQUEST TO ACKNOWLEDGE AND

Form 18-B. Acknowledgment and Waiver of Service of a Summons

Form 19. MOTION TO INTERVENE AS A DEFENDANT UNDER RULE 24

Form 20. MOTION FOR PRODUCTION, ETC., UNDER RULE 34

Form 21. REQUEST FOR ADMISSION UNDER RULE 36

Form 22. ALLEGATION OF REASON FOR OMITTING NECESSARY PARTY

Form 23. SUPERSEDEAS BOND