Richfield Oil Co. v. Western Machinery Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United’States for the District of Arizona; William H. Sawtelle, Judge. Suit by the Western Machinery Company and others against Edwin R. Post and another, to establish a lien and appoint a receiver. Erorn an order denying it leave to intervene and file answer, the Richfield Oil Company appeals.
Read the full summary
Appeal from the District Court of the United’States for the District of Arizona; William H. Sawtelle, Judge. Suit by the Western Machinery Company and others against Edwin R. Post and another, to establish a lien and appoint a receiver. Erorn an order denying it leave to intervene and file answer, the Richfield Oil Company appeals. This appeal from an order denying the Richfield Oil Company leave to intervene and to file answer to an amended bill of complaint; in Western Machinery Co. et al. v. Post, et al. is the result; oC our decision in Matter of Richfield Oil Co., 279 Fed. 851. The case…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). [1] The question presented is whether or not the Oil Company made a showing which gave it an absolute right to intervene. If it did, the District Court erred in denying the motion to intervene; while, if the facts presented but a case for the exercise of judicial discretion, this court will not disturb the order appealed from.
[2, 3] Of course, the general rule is that an application to intervene is addressed to the sound discretion of the court. Credits Com. Co. v. United States, 177 U. S. 316, 20 Sup. Ct. 636, 44 L. Ed. 782. But that rule is founded upon…
2Cases cited9 opinions
- Credits Commutation Co. v. United StatesSupreme Court of the United States · 1900
- Swift v. Black Panther Oil & Gas Co.Court of Appeals for the Eighth Circuit · 1917
- Rouse v. LetcherSupreme Court of the United States · 1895
- Western Union Telegraph Co. v. United States & Mexican Trust Co.Court of Appeals for the Eighth Circuit · 1915
- Farmers' & Merchants' Bank of Phœnix v. Arizona Mut. Savings & Loan Ass'nCourt of Appeals for the Ninth Circuit · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State of Washington v. United StatesCourt of Appeals for the Ninth Circuit · 1936
- United States v. RadiceCourt of Appeals for the Second Circuit · 1930
- State Ex Rel. Thelen v. District CourtMontana Supreme Court · 1932
- Rodman v. Richfield Oil Co. of CaliforniaCourt of Appeals for the Ninth Circuit · 1933
- State v. United StatesCourt of Appeals for the Ninth Circuit · 1936
4 more not listed; retrieve them via the Exa API.