Deposit of the money or property in controversy into court was a requirement in actions of interpleader also at common law. This requirement has been relaxed in many cases where no statute modifying the common law was involved, State of Texas v. State of Florida, 306 U.S. 398, 59 S.Ct. 563, 830, 83 L.Ed. 817, 121 A.L.R. 1179; Baldwin v. Constantine, 214 Ala. 446, 108 So. 345; Phoenix Ins. Co. v. Carey, 80 Conn. 426, 68 A. 993; Nash v. Smith, 6 Conn. 421; Webster v. McDaniel, 2 Del. Ch. 297; Smith v. Nicholson, 221 Mo.App. 428, 289 S.W. 349, certiorari quashed State ex rel. Bradley v. Trimble, 316 Mo. 97, 289 S.W. 922; C.F. Duke Storage Warehouse, Inc., v. Keller, 141 N.J. Eq. 43, 55 A.2d 901; see note approving Duke case, 1 Vanderbilt L.Rev. 459, and in other jurisdictions by rule or statute (e.g., Penna. Rule Civ. Proc. 2303(a)(3), Penna.Stat.Ann.

This statute has allowed the stakeholder to be awarded counsel fees and expenses from the funds on deposit. Chase v. Benedict, 72 Conn. 322, 328 (1899); Union Trust Company v. Stamford Trust Company, 72 Conn. 86, 93, 96 (1899); Phoenix Insurance Company v. Carey, 80 Conn. 426, 431 (1908). Wells Fargo Advisors, LLC has made the claim for attorneys fees and costs in both the May 1, 2012 Bill of Interpleader (# 100.31) and in its amended Statement of Claim dated July 26, 2017 (# 206.00).

The immediate motion is for a temporary injunction. An injunction does not lie as a matter of right but in the sound discretion of the trier; Phoenix Insurance Co. v. Carey, 80 Conn. 426; Point O'Woods Assn., Inc. v. Busher, 117 Conn. 247, 250; is not granted to prevent an act possibly injurious in the future; Enfield Toll Bridge Co. v. Connecticut River Co., 7 Conn. 28, 50; and is never granted because of mere apprehensions. Goodwin v. New York, N. H. H.R. Co., 43 Conn. 494, 500.