Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/48

== CODE CIVIL PROCEDURE ==

Civil Actions §§ 7412-7414
Court may grant leave to intervene. Smith v. Gale, 144 U.S. 509, 36 L.ed. 521, 12 S. Ct. R. 674.

Nonresident contractor is not necessary party to action by subcontractor to enforce mechanic's lien. Burgi v. Rugders, 20 S.D. 646, 108 N.W. 253.

Mortgagee not necessary party to action to quiet title thereto as between grantee of fee owner and holder of tax deed. Grigaby v. Wolven, 20 S.D. 623, 108 N.W. 250.

Inapplicable to action by indorsee of note against maker who wants payee made party ''Bankers' Nat. Bank v. Security Trust Co.'', 19 S.D. 418, 103 N.W. 654.

Time within which application must be made for change of venue is thirty days provided by code within which defendant may answer. Irwin v. Taubman, 26 S.D. 450, 128 N.W. 617.

Do not authorize the bringing in, by order of court, of additional parties after entry of judgment. St. Paul, M. & M. R. Co. v. Blackmore, 19 N.D. 134, 122 N.W. 333.

As to similar provision in Cal. Code Civ. Proc., § 389, see De La Beckwith v. Superior Court, 146 Cal. 496, 80 Pac. 717.

§ 7413. Intervention when. Any person may before the trail intervene in an action or proceeding, who has an interest in the matter in litigation in the success of either party, or an interest against both. An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant, and is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the court and served upon the parties to the action or proceeding who have not appeared and upon the attorneys of the parties who have appeared, who may answer or demur to it as if it was and original complaint.

[R.C. 1905, § 6825; C. Civ. P. 1877, § 90; R.C. 1899, § 5239.]

Interest of party authorizing intervention must be direct and immediate. Yetzer v. Young, 3 S.D. 263, 52 N.W. 1054; Dickson v. Dows, 11 N.D. 407, 92 N.W. 798; Judd v. Patton, 13 S.D. 648, 84 N.W. 199; Bray v. Booker, 6 N.D. 526, 72 N.W. 933; Braithwaite v. Aikin, 1 N.D. 475, 48 N.W. 361; Braithwaite v. Aikin, 3 N.D. 365, 56 N.W. 133; Schaetzel v. City of Huron, 6 S.D. 134, 60 N.W. 741.

Right to intervene can only be exercised by leave of court Smith v. Gale, 144 U.S. 509, 36 L.ed. 521, 12 S. Ct. R. 674; State v. Barnes, 5 N.D. 350, 65 N.W. 688; Gale v. Fraxier, 4 D. 196, 30 N.W. 138.

Payee in certificate of deposit obtained from him by fraud may intervene in action thereon. Dunn v. Bank, 11 S.D. 305, 77 N.W. 111.

Interested party may intervene, though amply protected in other ways. Taylor v. Bank, 9 S.D. 572, 70 N.W. 834.

Right to intervene can only be exercised by leave of court Smith v. Gale, 144 U.S. 509 36 L.ed. 521, 12 S. Ct. R. 674; State v. Barnes, 5 N.D. 350, 65 N.W. 688; Gale v. Frazier, 4 D. 196, 30 N.W. 138.

Payee in certificate of deposit obtained from him by fraud may intervene in action thereon. Dunn v Bank, 11 S.D. 305, 77 N.W. 111.

Interested party may intervene, though amply protected in other ways. Taylor v. Bank, 9 S.D. 572, 70 N.W. 834.

Assignee for creditors cannot intervene to defend purely personal action aginst his assignor. McClurgy v. State Bindery Co., 3 S.D. 362, 53 N.W. 428, 44 Am. St. Rep. 799.

Federal courts may allow intervention without regard to citizenship. ''People's Sav. Bank v. Miles'', 75 Fed. 252 22 C. C. A. 152

Petition and order for leave to intervene after default judgment ineffective. Kickox v. Eastman, 21 S.D. 591, 114 N.W. 706.

As to what interest will authorize person to intervene in action. Dickson v. Dows, 11 N.D. 407, 92 N.W. 798.

Right to intervene in action to recover reward. Couch v. State, 14 N.D. 361, 103 N.W. 942.

It is not abuse of discretion to refuse leave to intervene in mandamus proceeding after general demurrer has been interposed to answer in case and argued by counsel, even though decision has not been rendered therein. ''State ex rel. Fargo v. Mitchell'' 24 N.D. 195, 139 N.W. 572.

Interest which will entitle person to intervene in suit between other parties must be in very matter of litigation and of such nature that intervener will gain or lose by litigation. Re McClellan, 27 S.D. 109, 129 N.W. 1037, Ann. Cas. 1913C, 1029.

On necessity of serving complaint in intervention upon all parties. Phillips v. Branch Mint Min. & Mill Co., 27 S.D. 350, 131 N.W. 308

Right of third persons who claim property to intervene in attachment action. 23 L.R.A. (N.S.) 536

Intervention to question validity of attachment. 35 L.R.A. 772.

Intervention by pretermitted heirs in administration. 37 L.R.A. (N.S.) 1147.

Right of surety to intervene in action against principal, or principal in action against. 68 L.R.A. 736.

§ 7414. Interpleader. A defendant against whom an action is pending upon a contract, or for specific, real or personal property, may, at any time before answer upon affidavit that a person not a party to the action and with-