Limberg v. Higginbotham
Supreme Court of Colorado
Error to District Court of Lake County. In the court below the defendants -in error, S. O. Higginbotham and G-. M. Barnes, were plaintiffs, against John J. M. McRobbie, on a demand for rent due on a lease contract between them; in which action the plaintiff in error, Charles T. Limberg, filed his petition of intervention, which petition was dismissed by the court on motion of the said plaintiffs there.
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Error to District Court of Lake County. In the court below the defendants -in error, S. O. Higginbotham and G-. M. Barnes, were plaintiffs, against John J. M. McRobbie, on a demand for rent due on a lease contract between them; in which action the plaintiff in error, Charles T. Limberg, filed his petition of intervention, which petition was dismissed by the court on motion of the said plaintiffs there. Judgment was given for the said Higginbotham & Barnes against McRobbie, from which the said McRobbie appealed to this court, and the said Limberg brings the case here upon writ of error, upon…
1Opinion of the Court
Stallcup, C.
Our code provides that “any person shall be entitled to intervene in an action who has an interest in the matter in litigation, in the success of either of the parties to the action, or an interest Against both. * * * The intervention shall be by petition filed in the court in which the action is pending, and it must set forth the grounds upon which the intervention rests.” It appears that the petitioner had no interest in the matter in litigation; that being a sum due to Higginbotham & Barnes from McRobbie upon a lease contract, in which contract the intervener had no ownership…
Also in this document: Per curiam.
2Cases cited3 opinions
- Lewis v. HarwoodSupreme Court of Minnesota · 1881
- Harlan v. Eureka Mining Co.Nevada Supreme Court · 1875
- Hunter v. DunhamSupreme Court of Louisiana · 1874
3Cited by8 opinions
- McClurg v. State Bindery Co.South Dakota Supreme Court · 1892
- Curtis v. LathropSupreme Court of Colorado · 1888
- Nisbet v. Siegel-Campion Live Stock Co.Colorado Court of Appeals · 1912
- People v. District Court of the Sixth Judicial DistrictSupreme Court of Colorado · 1913
- Westcott v. PattonColorado Court of Appeals · 1898
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