McNee v. Lynch
California Supreme Court
Appeal from a judgment of the Superior Court of Tulare County. The action was brought to determine a contest respecting the purchase from the state of 640 acres of swamp-lands, which contest had been referred to the superior court of Tulare County for adjudication, by order of the register of the state land-office.
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Appeal from a judgment of the Superior Court of Tulare County. The action was brought to determine a contest respecting the purchase from the state of 640 acres of swamp-lands, which contest had been referred to the superior court of Tulare County for adjudication, by order of the register of the state land-office. F. C. Warner intervened, alleging that the lands were suitable for cultivation; that neither the plaintiff nor the defendant had ever resided thereon; that he was an actual settler upon a portion thereof not exceeding 320 acres, and had applied to purchase the portion settled upon,…
1Opinion of the Court
Temple, C.
On the merits, this case is on all fours with the case of Fulton v. Brannan, just decided by this court, ante, p. 454.
A further question is raised as to the right of the interveners to be heard as such. The bill of exceptions only shows the action of the court on a motion to strike out the petitions of intervention, or some portions of them.
There was no error in refusing to strike out the petition of Warner. Cutler’s petition shows no right to intervene. It amounted simply to a request to be permitted as amicus curise to show that neither party to the contest was qualified to…
2Cited by3 opinions
- Goldberg v. ThompsonCalifornia Supreme Court · 1892
- Smith v. RobertsCalifornia Court of Appeal · 1905
- Marsh v. HendyCalifornia Supreme Court · 1891