A. A. Ball Co. v. Cedar Valley Creamery Co.

• Decision Date: 14 May 1896
• Citation: 67 N.W. 232,98 Iowa 184
• Parties: A. A. BALL & COMPANY v. THE CEDAR VALLEY CREAMERY COMPANY, et al., Defendants, THE UNION BANK OF WILTON, Intervener, Appellant
• Court: Iowa Supreme Court

67 N.W. 232

98 Iowa 184

A. A. BALL & COMPANY v. THE CEDAR VALLEY CREAMERY COMPANY, et al., Defendants, THE UNION BANK OF WILTON, Intervener, Appellant

Supreme Court of Iowa, Des Moines

May 14, 1896

Appeal from Muscatine District Court.--HON. C. M. WATERMAN, Judge.

ON the fifteenth day of March, 1895, appellant filed his petition of intervention, showing as follows: That at the January term 1895, of said court, the plaintiffs obtained judgment against the defendants in this action; that execution issued thereon that the same was levied by the sheriff, on or about February 18, of said year, on certain real and personal property described; that by virtue of said levy said chattel property will be offered for sale on the sixteenth day of March, 1895 and said real estate on the twenty-third day of said month that the intervener is and was, prior to said judgment, the owner of an undivided half of said chattels and real estate. "Wherefore it prays for a hearing in this matter with reference to its said rights, for such protection as its interests demand, and for such orders as will fully protect it, and for costs." The plaintiffs moved to strike said petition of intervention from the files, upon the grounds that the same was not filed in said cause until long after the trial thereof, and after judgment had been rendered, and because it does not set up any proper or valid ground of intervention. This motion was sustained, from which ruling intervener appeals.

Affirmed.

P. M. Detwiler and J. M. Doran for appellant.

Jayne & Hoffman and C. A. W. Kent for appellees.

OPINION

GIVEN, J.

The right to intervene in an action is given, in section 2683 of the Code, "before or after issue has been joined in the cause, and before the trial commences." This petition shows, that this case had gone to judgment, and that execution was issued thereon, before the petition was filed. It is clear, therefore, that the petition could not be filed under this section. Section 3016 provides that persons other than the defendant may, before the sale of attached property or before the payment to the plaintiff, of the proceeds thereof, or any attached debt, present his petition disputing the validity of the attachment, or stating a claim to the property or money, or to an interest in, or lien on it, under any other attachment or otherwise, and that the petitioner's claim shall be, in a summary manner, investigated. Section...