Merriam v. Bryan

RUDKIN, Circuit Judge.

This is an appeal from an order denying a motion for leave to file a complaint in intervention. The parties to the original suit were Mahlon P. Bryan, plaintiff, and Henry C. Cutting, Buzzard Hill Mine, Inc., a corporation, Spencer K. Mulford, and John Doe, defendants. The original hill was filed February 18, 1926; the answer of the defendant Cutting was filed April 17,1926; the answer of the defendant Mulford, August” 18, 1926; and the answer of the corporation, August 20, 1926. November 1, 1926, the interlocutory decree was entered, adjudging that the defendant Cutting…