Stakeholder’s interpleader

(1) On an application made by or on behalf of any defendant before the hearing of any action, to the effect that he does not claim any interest in the subject-matter of the action, inter pleader. 24 but that the right thereto belongs to some third party who has sued or is expected to sue for the same, and that he does not collide with the third party, the court shall issue a summons to the third party, as the defendant in an action on a feigned issue, in which action the plaintiff in the original action shall be the plaintiff, and the court shall hear and determine that action in a summary way, and the judgment shall be final, subject to the right of either party to appeal therefrom, and in the meantime all proceedings in the original action shall be stayed. (2) If the third party does not appear after having been duly summoned, any judgment given with regard to him shall be final and in bar of any claim he may have as against the defendant in the original action, subject, however, to the right of appeal mentioned in this section. Bailiff’s inter pleader.