Bank of Commerce v. Timbrell
Supreme Court of Iowa
Appeal from Mahaska District Court. — Hon. A. B. Dewey, Judge. This action was originally brought by the Bank of Commerce. Afterwards the bank went into the hands of a receiver, and the court was asked that he be substituted as plaintiff. Whether the order was made or not does'not appear.
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Appeal from Mahaska District Court. — Hon. A. B. Dewey, Judge. This action was originally brought by the Bank of Commerce. Afterwards the bank went into the hands of a receiver, and the court was asked that he be substituted as plaintiff. Whether the order was made or not does'not appear. After this request was made, B. F. Merrill intervened, alleging the purchase by him of the claim against the defendant, and an assignment to him of all right, title, and interest of the bank and the receiver therein, and in the suit then pending for its collection. The defendant filed a motion to strike the…
1Opinion of the CourtSi-ierwin, J.
1 Section 3594 of the Code provides that “any person who has an interest in the matter in litigation, in the success of either of the parties to the action, or against both, may become a party to an action between other persons, either by joining the plaintiff in claiming what is sought by the petition, or by uniting with the defendant in resisting the claim of the plaintiff, or by demanding anything adversely to both the plaintiff and defendant.” To entitle the assignee to maintain his action as an intervener, it is quite clear and well established that he must bring himself within some one…
2Cases cited2 opinions
- Ringen Stove Co. v. BowersSupreme Court of Iowa · 1899
- Dunham, Buckley & Co. v. Greenbaum, Schroder & Co.Supreme Court of Iowa · 1881
3Cited by3 opinions
- Walker v. SandersSupreme Court of Minnesota · 1908
- Richardson v. Clark Bros.Supreme Court of Iowa · 1927
- Northern Trust & Savings Bank v. BeachSupreme Court of Iowa · 1925