Legal Opinion

Ballaine v. Alaska Northern Ry. Co.

District Court, D. Alaska

Decided July 16, 1917No. S/91Published

On April 29, 1915, the Alaska Northern Railway Company, defendant herein, commenced an action against plaintiff, Frank L. Ballaine, and his brother, John E. Ballaine, and others, claiming that the said plaintiff and his brother held title to a large number of lots in the town of Seward, Alaska, in trust for the said Alaska Northern Railway Company.

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On April 29, 1915, the Alaska Northern Railway Company, defendant herein, commenced an action against plaintiff, Frank L. Ballaine, and his brother, John E. Ballaine, and others, claiming that the said plaintiff and his brother held title to a large number of lots in the town of Seward, Alaska, in trust for the said Alaska Northern Railway Company. Said suit terminated in favor of the plaintiff herein and his brother, John E. Ballaine, whereupon two separate actions were brought, one by this plaintiff against the Alaska Northern Railway Company to recover the sum of $150,000 damages for…

1Opinion of the Court

BROWN, District Judge.

As to the first ground of demurrer, it seems clear that the United States, the intervener, has a right to- intervene as having a vital interest in'the matter of litigation and in the outcome of the action. If any judgment should be procured by plaintiff against said Alaska Northern Railway Company, it would be in substance and effect a judgment against the United States.

In the case of Robinson v. Crescent City M. & T. Co. (Wegner, Intervener), a California case, reported in 93 Cal. 316, 28 Pac. 950 (section 387 of the California Code of Civil Procedure is identically the…

2Cases cited8 opinions

  1. US Bank v. PLANTERS'BANKSupreme Court of the United States · 1824
  2. Salas v. United StatesCourt of Appeals for the Second Circuit · 1916
  3. Stich v. DickinsonCalifornia Supreme Court · 1869
  4. Robinson v. Crescent City Mill & Transportation Co.California Supreme Court · 1892
  5. McAllen v. HodgeSupreme Court of Minnesota · 1904

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