The Fifth Congregational Church of Washington v. Bright
District of Columbia Court of Appeals
HEARING on an appeal by one of several defendants, who had been granted the right to intervene from a decree of the Supreme Court of the District of Columbia sotting aside a release of a deed of trust, etc.; on an appeal (specially granted) by the same defendant from an order requiring it, as an inter-vener, to pay one half of the costs at that time incurred; and on motions by the appellee to dismiss both appeals.
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HEARING on an appeal by one of several defendants, who had been granted the right to intervene from a decree of the Supreme Court of the District of Columbia sotting aside a release of a deed of trust, etc.; on an appeal (specially granted) by the same defendant from an order requiring it, as an inter-vener, to pay one half of the costs at that time incurred; and on motions by the appellee to dismiss both appeals. The Court in the opinion stated the facts as follows: No. 1671 is an appeal from a decree of the supreme court of the District of Columbia setting aside a release of a deed of trust…
1Opinion of the CourtJustice Bobb
The appellee now moves to dismiss the appeal of the church *237■on tlie ground that it had no right to be heard unless through a supplemental bill. We think appellant was properly permitted to intervene, as the rights of the appellee were in no way prejudiced thereby; neither was there any unnecessary delay on the part of the church in filing its motion to intervene, since there was no necessity for intervention so long as its predecessor in title was willing to conduct the defense. The appellee had known for some time that the church was the real party in interest. The mere substitution of the…
2Cases cited10 opinions
- United States v. Brig Malek AdhelSupreme Court of the United States · 1844
- Ward v. SmithSupreme Court of the United States · 1869
- Canter v. American InsuranceSupreme Court of the United States · 1830
- Stiger v. BentIllinois Supreme Court · 1884
- Insurance Co. v. EldredgeSupreme Court of the United States · 1881
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