Bankers' Mortgage Co. v. Sohland

Harrington, J.,

delivering the opinion of the Court:

The plaintiff contends (1) that intervention is a right unknown to the common law and there being no statutory provisión authorizing it the right contended for does not exist in this State; (2) that the rights claimed by the petitioner are purely equitable in character, and, therefore, must be litigated in the Court of Chancery.

While there may have been exceptions in certain cases in the English Ecclesiastical Courts, it is true that the right to intervene in an action at law was a civil law remedy and did not, as a general rule, exist at…