Greeley v. County of Lyon
Supreme Court of Iowa
Appeal from Plymouth District Gourt. On the 4th of July, 1873, the plaintiff filed a petition in the Plymouth District Court, claiming judgment against defendant for $2541.66 upon county warrants. On tbe 21st of July, being the first day of the term, plaintiff filed an amended petition claiming judgment for a further sum of $4200, also on warrants against the county.
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Appeal from Plymouth District Gourt. On the 4th of July, 1873, the plaintiff filed a petition in the Plymouth District Court, claiming judgment against defendant for $2541.66 upon county warrants. On tbe 21st of July, being the first day of the term, plaintiff filed an amended petition claiming judgment for a further sum of $4200, also on warrants against the county. On the 19th day of July, 1873, the district attorney, O. H. Lewis, filed his motion for a change of venue to the courts of Lyon county, upon the ground that defendant is not liable to be ¡sued in the county of Plymouth. On the…
1Opinion of the CourtDay, J.
In our opinion the petitioner should have been permitted to intervene and defend. Section 2930 of the Revision, 2683 of the Code of 1873, 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 *75demanding anything adversely to both the plaintiff and defendant, either before or after issue has been…
2Cases cited1 opinion
- Cornell College v. Iowa CountySupreme Court of Iowa · 1871
3Cited by4 opinions
- State Ex Rel. Westlake v. District Court of First Judicial District Ex Rel. Lewis & Clark CountyMontana Supreme Court · 1946
- S. C. & St. P. R. Co. v. County of OsceolaSupreme Court of Iowa · 1876
- State Bank of Outlook v. Sheridan CountyMontana Supreme Court · 1924
- Richards v. Supervisors of Lyon CountySupreme Court of Iowa · 1886