Allen Clark Co. v. Francovich
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by Allen Clark Company against Spiro Franco-vich, in which Ray J. Cool and others intervene. From a judgment for interveners and from an order denying motion for a new trial, plaintiff appeals. The court erred in allowing and ordering the inter-veners to file their petition and complaint in intervention. They should have instituted an action in replevin.
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Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by Allen Clark Company against Spiro Franco-vich, in which Ray J. Cool and others intervene. From a judgment for interveners and from an order denying motion for a new trial, plaintiff appeals. The court erred in allowing and ordering the inter-veners to file their petition and complaint in intervention. They should have instituted an action in replevin. Third parties cannot intervene in an action where the rights of plaintiff and defendant can be litigated fully and completely without such intervention.…
1Opinion of the Court
By the Court,
Sanders, J.:
This is an action in claim and delivery. For convenience the parties will be referred to here as they actually stood in the court below.
Allen Clark Company, the plaintiff, alleges in its complaint that it is the owner and entitled to the possession of an oil painting, four by eight feet in size, situate in a certain saloon in the city of Reno, known as the “Wine House”; that the defendant, Spiro Francovich, wrongfully detains from plaintiff the possession of said property; that the alleged cause of the detention is that parties other than the defendant claim some…
2Cited by5 opinions
- Bamforth v. IhmsenWyoming Supreme Court · 1922
- Friendly v. LarsenNevada Supreme Court · 1944
- Hansen v. GaligerMontana Supreme Court · 1949
- Defanti v. Allen Clark Co.Nevada Supreme Court · 1921
- Rogers v. RogersMontana Supreme Court · 1949