Taylor v. Adair
Supreme Court of Iowa
Appeal from Butler District Court. Intervention: nature op the right. — The question in this case relates to the right of Goff to intervene. The original action was brought by A. N. Taylor, the payee of two promissory notes, in the usual form, made by William Adair and George W. Adair, each dated May, 13th, 1863; one for $100 at one year, the other for $21 at three months from date.. The petition was in the usual form. The Adairs were served, but made no defense.
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Appeal from Butler District Court. Intervention: nature op the right. — The question in this case relates to the right of Goff to intervene. The original action was brought by A. N. Taylor, the payee of two promissory notes, in the usual form, made by William Adair and George W. Adair, each dated May, 13th, 1863; one for $100 at one year, the other for $21 at three months from date.. The petition was in the usual form. The Adairs were served, but made no defense. One E. P. Goff, as the executor of the estate of Charles Taylor, deceased, filed the following petition to be allowed to intervene,…
1Opinion of the CourtDillon, J.
1. Pleading and practice: intervention. To the lawyer not thoroughly conversant with the sweeping and radical changes in procedure and practice made by the Bevision, the proposition that such an intervention as that sought in the preseilt instance is allowable, would be not a little startling. But our Code (§ 2608) abolishes “ the forms of all actions and suits heretofore existing,” and declares that there shall be but one form of action — a civil action. A mistake as to whether the action should be at law or in equity is no longer fatal. If wrong, it may be changed (§ 2613) without abatement…
2Cases cited1 opinion
- Cottle v. ColeSupreme Court of Iowa · 1866
3Cited by14 opinions
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- Goodrich v. WilliamsonSupreme Court of Oklahoma · 1901
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