Anderson v. Ferguson

GIVENS, C. J.,

Dissenting. — The sole question confronting this court is whether or not intervener’s complaint in intervention was timely made.

I. C. A., section 5-322, provides:

“Any person may, before the trial, intervene in an action or proceeding, who has an interest in the matter in litigation, in the success of either of the parties, or an interest against both. An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the…