Kniefel v. Keller

Julius J. Olson, Justice.

Interveners appeal from an order sustaining plaintiff’s demurrer to their complaint in intervention upon the ground that the facts alleged therein “do not constitute a cause of action.” The court’s memorandum assigns as reasons for its order:

Interveners “are strangers to” and “have no interest whatever” in this action; all allegations by them pleaded and upon which they rely “may properly be interposed” by defendants in the main action; plaintiff claims nothing as against them, “and if plaintiff at the end of the lawsuit is successful in making any recovery against…