Cloud v. Dean

The suit was on the common counts against the Republic Creosoting Company, and defendants Dean were brought in by way of the statute providing for intervention or claim. Code 1907, § 6050.

The court made an order that the Deans, as individuals or as composing the firm of Dean Bros., were made defendants, hut did not formally declare, in the language of the statute, that said substituted defendants should stand in the place of the original defendant; nor did that order formally discharge the original defendant from liability to plaintiff, as provided in the statute. The record recites that…