McBath v. Loose-Wiles Biscuit Co.

The opinion of the court was delivered by

Johnston, C. J.:

This appeal presents for review an order of the trial court overruling the motion of defendant to strike from the files the intervening petition of the Constitution Indemnity Company.

The main action was brought by McBath against the Loose-Wiles Biscuit Company. McBath pleaded the facts and circumstances incident to an automobile accident in which an automobile driven by an agent of the biscuit company collided with the automobile driven by McBath. McBath concluded his petition with the following:

*198“The plaintiff makes no claim against the…