And the judgment of Grantham, J., is as follows: I am of the same opinion. If the precise point has not been already settle, I think we ma? very safely declare the law to be that under an ordinary retainer a solicitor is not entitled to engage in proceedings in interpleader without consulting his client and receiving special instructions. The only authority which the industry of counsel has discovered to the contrary is the dictum of Lord Selborne in Hamlyn v. Betteley [supra] to the effect that interpleader is “not an action, but a proceeding in an action.” This dictum, however, refers not to the present question, but to the forms of procedure tinder the Interpleader Acts.
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