Henry, Lee & Co. v. Cass County Mill & Elevator Co.
Supreme Court of Iowa
Appeal from Mills_ District Court. On the 13th day of September, 1873, Henry, Lee & Co., commenced an action in the District Court of Montgomery county, claiming of defendants $2,124.64. The venue was changed to Mills county, and at the September Term, 1874, of the court of said county, the cause was tried and a verdict was returned for the plaintiffs, which was set aside by the court, and the cause was continued to the February Term.
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Appeal from Mills_ District Court. On the 13th day of September, 1873, Henry, Lee & Co., commenced an action in the District Court of Montgomery county, claiming of defendants $2,124.64. The venue was changed to Mills county, and at the September Term, 1874, of the court of said county, the cause was tried and a verdict was returned for the plaintiffs, which was set aside by the court, and the cause was continued to the February Term. On the 18th day of February, 1875, the parties effected a settlement and compromise, which was reduced to writing, signed by the parties, and on the morning of…
1Opinion of the CourtDay, J.
The right to intervene is purely a statutory right, and it must be exercised at the time, and in the manner, the statute prescribes.
Sections 2683 and 2684 of the Code provide:
“Any person who has an interest in the matter in litigation, in the success of either of the parties to the action, or against both, may become a party to an action between other persons, either by joining the plaintiff in claiming what is sought by the petition, or by uniting with the defendant in resisting the claim of the plaintiff, or by demanding anything adversely to both the plaintiff and defendant, either before…
2Cited by21 opinions
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- Hibernia Savings & Loan Society v. ChurchillCalifornia Supreme Court · 1900
- Dangberg Holdings Nevada, L.L.C. v. Douglas CountyNevada Supreme Court · 1999
- Caldwell v. Guardian Trust Co.Court of Appeals for the Eighth Circuit · 1928
- First National Bank v. Gill & Co.Supreme Court of Iowa · 1879
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