Brown v. Bryan
Supreme Court of Iowa
Appeal from Jackson District Court. The plaintiffs, Morris B. Brown, for himself and a hundred and thirteen others, tax payers and property-holders of Bellevue township, filed his petition, making James A. Bryan, treasurer of Jaekson county, and B. W. Seward, collector of Bellevue township, defendants.
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Appeal from Jackson District Court. The plaintiffs, Morris B. Brown, for himself and a hundred and thirteen others, tax payers and property-holders of Bellevue township, filed his petition, making James A. Bryan, treasurer of Jaekson county, and B. W. Seward, collector of Bellevue township, defendants. The petition avers that on the 20th of August, 1870, a tax of five per cent upon the property in said township was voted in aid of the construction of the Dubuque, Bellevue & Mississippi railroad; that the law was not fully complied with; that illegal'votes were cast for it; that bribery was…
1Opinion of the CourtCole, J.
— The grounds of the demurrer to the petition for intervention are, that it does not state facts sufficient to entitle the railroad company to intervene; to give it any standing in the action, or to show any equity. Our statute says that any person shall be entitled to intervene in an action who has an interest in the matter in litigation, in the success of either of the parties to the action, or an interest against both. * * * Bev., § 2930. The right to intervene is a question wholly independent of the merits of the plaintiff’s case; that is to say, it may be conceded that the plaintiff’s *558pet…
2Cases cited1 opinion
- Ex parte HolmanSupreme Court of Iowa · 1869
3Cited by3 opinions
- Faricy v. St. Paul Investment & Savings SocietySupreme Court of Minnesota · 1910
- Goetzman v. WhitakerSupreme Court of Iowa · 1890
- Shipman v. BucherSupreme Court of Iowa · 1941