Gipson v. Hyatt

FOSTER, Justice.

This is an appeal from a decree overruling demurrer to a petition for intervention. The right to appeal is not here questioned, and was settled in Cortner v. Galyon, 223 Ala. 405, 137 So. 30.

Section 9485, Code of 1923, Code of 1940, Title 7, § 247, as applied to equity is cumulative and furnishes no new cause of action. Awbrey v. Estes, 216 Ala. 66, 112 So. 529; Greene v. Greene, 220 Ala. 395, 125 So. 640; Fisher v. Bankers’ Fire & Marine Ins. Co., 229 Ala. 173, 155 So. 538, but has a broader procedural scope than formerly existed in equity, Dodd v. Deepwater Coal & Iron…