Where the only relief sought against one of the defendants is the payment of a stated
amount of money alleged to be wrongfully withheld, such defendant may, upon affidavit
that he is a mere stakeholder with no interest in the amount or any portion thereof
and that conflicting demands have been made upon him for the amount by parties to
the action, upon notice to such parties, apply to the court for an order discharging
him from liability and dismissing him from the action on his depositing with the clerk
of the court the amount in dispute and the court may, in its discretion, make such
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