Page:Federal Reporter, 1st Series, Volume 4.djvu/506

 492 PEDSBAL BEPOSX£B. �become an actual or quasi party, as may be necessary to pro- tect his interest. Several cases are cited where a stranger, not within these exceptions, bas been allowed, upon bis own petition, to become a party; but it will be found, I think, that no objection was taken. Galveston v. Cowdrey, 11 Wall. 459; Ex parte Bailroad Go. 95 U. S. 221. �In this last case the stranger came in by petition, was made a defendant* and filed an answer and a cross-bill. Pending the suit tbis defendant assigned its interest, and the question inyolved was whether after the assignnient the cross- bill could proqeed in the name of the assignor, and it was held that it could. The court says that "an assignee pen- dente lite may, at his own election, corne in by appropriate application and make himself a party, so as to assume the burdens of litigation in his own name, or he may ac.t in the name of his assignor." And in the Jenny Lihd, 3 Blatchf. 518, the court says that it is a common practice in admiralty and equity to allow persons interested in the subject-matter to come in and protect their interests. I do not think thesa «ases are against the positions assumed in this opinion, if it be remembered that in proceedings in rem the persons inter- ested in the res are ail admitted, on the principle that they belong to a class for or against whom the proceedings are taken. And, in the case of the railroad company, the court did not discuss or have occasion to determine, whether the stranger who came in without objection had a right to come if objection had been made, nor whether the assignee pen- dente lite could have come in by petition. �Other cases bave decided against the right of the stranger to come in by petition, where the question was made, as we have already seen. Coleman v. Martin, 6 Blatchf. 119 ; Drake v. Goodridge, Id. 151 ; Poster v. Deacon, 6 Madd. 44. �The petition of Eelfe will be dismissed, and the plaintifE lias leave to file his supplemental bill. ����