Daniels v. Solomon
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the intervenors in an attachment proceeding from a judgment dismissing a petition of intervention.
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Hearing on an appeal by the intervenors in an attachment proceeding from a judgment dismissing a petition of intervention. The Court in its opinion stated the case as follows: The appellants, Bernard Daniel and Jacob Blumenthal, have appealed from a judgment of the Supreme Court of the District of Columbia, dismissing a petition of intervention filed by them in an action of debt depending in said court between Elias Solomon, as plaintiff, and Stern and Livingston, as defendants. Solomon commenced said suit December 26,1896, upon two notes amounting together to the sum of $1,400. At the same…
1Opinion of the CourtJustice Shepakd
1. Before considering the case on the errors assigned, certain preliminary questions raised by the appellee in support of the judgment must be disposed of. As we have seen, there was no objection taken to the leave to file the petition *171of intervention, and no demurrer thereto when filed. Now, for the first time, it is urged that the court had no power to permit or to entertain it.
Since a very early day, in Maryland, the right of one claiming title to, or an interest in, property that has been attached, to intervene in the cause and controvert the truth of the grounds of the attachment stated…
2Cases cited17 opinions
- Covell v. HeymanSupreme Court of the United States · 1884
- Tim v. . SmithNew York Court of Appeals · 1883
- Stone v. MagruderCourt of Appeals of Maryland · 1839
- Furlong v. EdwardsCourt of Appeals of Maryland · 1852
- Jacobs v. . HoganNew York Court of Appeals · 1881
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3Cited by3 opinions
- Monarch Life Insurance Company v. Martha S. ElamCourt of Appeals for the D.C. Circuit · 1990
- Washington Building Services, Inc. And Crown Supply, Inc. v. United Janitorial Services, Inc. And New Amsterdam Casualty Co.Court of Appeals for the D.C. Circuit · 1965
- Gay v. PEOPLES HARDWARE COMPANYDistrict of Columbia Court of Appeals · 1966