Laws: Cases and Codes : U.S. Code : Title 28 : Section 1335
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U.S. Code as of:
01/19/04
Section 1335 - Notes
SOURCE
(June 25, 1948, ch. 646, 62 Stat. 931.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., Sec. 41(26) (Mar. 3, 1911,
ch. 231, Sec. 24, par. 26, as added Jan. 20, 1936, ch. 13, Sec. 1,
49 Stat. 1096).
Words "civil action" were substituted for "suits in equity"; word
"plaintiff" was substituted for "complainant"; and word "judgment"
was substituted for "decree," in order to make the language of this
section conform with the Federal Rules of Civil Procedure.
The words "duly verified" following "in the nature of
interpleader," near the beginning of the section, were omitted.
Under Rule 11 of the Federal Rules of Civil Procedure pleadings are
no longer required to be verified or accompanied by affidavit
unless specially required by statute. Although verification was
specially required by section 41(26) of title 28, U.S.C., 1940 ed.,
the need therefor is not apparent.
Provisions of section 41(26)(b) of title 28, U.S.C., 1940 ed.,
relating to venue are the basis of section 1397 of this title.
(See, also, reviser's note under said section.)
Subsections (c) and (d) of said section 41(26) relating to
issuance of injunctions constitute section 2361 of this title. (See
reviser's note under said section.)
Subsection (e) of such section 41(26), relating to defense in
nature of interpleader and joinder of additional parties, was
omitted as unnecessary, such matters being governed by the Federal
Rules of Civil Procedure.
Changes were made in phraseology.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1332, 1397, 2361 of this
title.
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