In 1907, Boggs & Buhl, a law firm, recovered a valid default judgment against Mrs. Dunlevy, in the Common Pleas Court at Pittsburgh here she then resided, after obtaining personal jurisdiction domiciliary service, During 1909, "the tontine dividend period" of the life insurance policy having expired, the insurance company became liable for $2,479.70, and this sum was claimed both by Gould, and his daughter, Mrs. Dunlevy, who had moved to California and became a domiciliary there.

On February 5, 1910, after this suit was begun in California, the company answered, admitted its indebtedness, set up the conflicting claims to the fund, and prayed to be advised as to its rights.

At the same time it filed a petition asking for an interpleader, and thereby ascertain who was lawfully entitled to the proceeds, and, further, that it might be allowed to pay amount due into court for benefit of proper party.on March 21, 1910 an order granted the requested, and directed that notice be given to Mrs. Dunlevy in California.

All parties except Mrs. Dunlevy having appeared, the suit was tried on a feigned issue to determine validity of alleged transfer of the policy.

The California suit was removed to the United States district court, February 16, 1910, and tried there by the judge in May, 1912, a jury having been expressly waived.