Wightman v. City of Wayne, No. 32057.
| Court | Supreme Court of Nebraska |
| Writing for the Court | YEAGER |
| Citation | 22 N.W.2d 294,146 Neb. 944 |
| Parties | WIGHTMAN v. CITY OF WAYNE (HENDRICKSON, Intervener). |
| Docket Number | No. 32057. |
| Decision Date | 15 March 1946 |
146 Neb. 944
22 N.W.2d 294
WIGHTMAN
v.
CITY OF WAYNE (HENDRICKSON, Intervener).
No. 32057.
Supreme Court of Nebraska.
March 15, 1946.
Appeal from District Court, Wayne County; Jackson, Judge.
Action by Donald S. Wightman against the City of Wayne, Nebraska, seeking a declaratory judgment decreeing the rights of the parties to proceeds of sale of certain realty, wherein C. H. Hendrickson filed a petition of intervention to which objection was interposed by plaintiff. From the order dismissing the petition of intervention, intervener appeals.
Reversed with directions.
[22 N.W.2d 295]
1. Under the statute the right of a party to intervene in an action is absolute, subject only to the condition that he exhibit a pleading containing allegations which demonstrate a right in the subject matter being litigated.
2. Any party has the right to question the right of intervention in a case to which he is a party.
Mark J. Ryan, of South Sioux City, for appellant.
H. E. Siman, Russell W. Bartels, and Fred S. Berry, all of Wayne, for appellee.
Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, and CHAPPELL, JJ.
YEAGER, Justice.
This is an action by plaintiff against the defendant wherein plaintiff seeks a declaratory judgment decreeing the rights of plaintiff and defendant to the proceeds of sale of certain real estate in the city of Wayne, county of Wayne, Nebraska, title to which is in plaintiff. The plaintiff filed a petition and an amended petition in the case. C. H. Hendrickson filed a petition of intervention to which objection was interposed by plaintiff. The objections were sustained and the petition of intervention dismissed. From the order dismissing the petition of intervention intervener has appealed. The proceeding here is between plaintiff who is appellee and intervener who is appellant.
The errors assigned and requiring consideration herein are that the court erred in denying the right to intervene and in dismissing the petition; and that the plaintiff was without right to question the right of intervention.
In order to arrive at a proper determination of the questions presented it becomes necessary to recite the background of the present case as disclosed by the petition and the opinions in Taxpayers' League v. Wightman, 139 Neb. 212, 296 N.W. 886, and Wightman v. City of Wayne, 144 Neb. 871, 15 N.W.2d 78, which opinions are referred to in the petition.
On or about March 18, 1932, in an action by the city of Wayne a tax foreclosure decree was entered foreclosing tax liens on Lots 1, 2, and 3, Block 6, Crawford & Brown's Addition to the city of Wayne, Wayne County, Nebraska. By the decree one Alice V. Lewis was awarded a first lien for $235.72 and the city of Wayne a second lien for $2,713.76. On October 19, 1936, a sale was made under the decree to Walter S. Bressler, city clerk of the city of Wayne, for $4,600. No money was paid. Title under the deed was held in trust for the city. In June 1938 appellee started negotiations with the city for the purchase of the lots. A price was agreed upon which was $1,500. However, there was the outstanding lien of Alice V. Lewis and a right of redemption which did not expire until October 19, 1938. A deed was secured from the titleholder and the lien of Alice V. Lewis was paid off. Thereafter on October 5, 1938, at the request of the city of Wayne a deed was issued by Walter S. Bressler to appellee.
[22 N.W.2d 296]
The purchase price was $1,500. Immediately appellee entered into possession and erected improvements costing $8,500.
Thereafter an action was instituted in which appellant herein, as a citizen and taxpayer, sought to have the deed from Bressler to appellee set aside as a fraud upon him and the other taxpayers of the city. The case reached this court where it was disposed of by opinion in Taxpayers' League of Wayne County v....
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Archer v. Musick, No. 32067.
...without reference in a number of other cases including Allen v. City of Omaha, 136 Neb. 620, 286 N.W. 916; and Wightman v. City of Wayne, 146 Neb. 944, 22 N.W.2d 294. In each of the cases cited it was clear that from any viewpoint the question involved was of common and general interest to ......
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Warren v. Stanton Cnty., No. 31997.
...illegal and void. Equity has never been an instrument of law violation. Instead it enters the field to follow and not to destroy the law. [22 N.W.2d 294]One of the fundamental maxims of equity jurisprudence is that ‘Equity follows the law.’ We point out that this is an action at law and not......
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In re Change of Name of Davenport, No. S-00-969.
...of Kayle C. & Kylee C., supra. The intervention statutes are to be liberally construed. Ruzicka, supra; Wightman v. City of Wayne, 146 Neb. 944, 22 N.W.2d 294 (1946). For purposes of ruling on a motion for leave to intervene, a court must assume that the intervenor's factual allegations......
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Ash v. City of Omaha, Nos. 32667
...he exhibit a pleading containing allegations which demonstrate a right in the subject matter being litigated.’ Wightman v. City of Wayne, 146 Neb. 944, 22 N.W.2d 294, 295. It is clear from section 25-328, R.R.S. 1943, and the interpretative decisions that the right to intervene is absolute.......
-
Archer v. Musick, No. 32067.
...without reference in a number of other cases including Allen v. City of Omaha, 136 Neb. 620, 286 N.W. 916; and Wightman v. City of Wayne, 146 Neb. 944, 22 N.W.2d 294. In each of the cases cited it was clear that from any viewpoint the question involved was of common and general interest to ......
-
Warren v. Stanton Cnty., No. 31997.
...illegal and void. Equity has never been an instrument of law violation. Instead it enters the field to follow and not to destroy the law. [22 N.W.2d 294]One of the fundamental maxims of equity jurisprudence is that ‘Equity follows the law.’ We point out that this is an action at law and not......
-
In re Change of Name of Davenport, No. S-00-969.
...of Kayle C. & Kylee C., supra. The intervention statutes are to be liberally construed. Ruzicka, supra; Wightman v. City of Wayne, 146 Neb. 944, 22 N.W.2d 294 (1946). For purposes of ruling on a motion for leave to intervene, a court must assume that the intervenor's factual allegations......
-
Ash v. City of Omaha, Nos. 32667
...he exhibit a pleading containing allegations which demonstrate a right in the subject matter being litigated.’ Wightman v. City of Wayne, 146 Neb. 944, 22 N.W.2d 294, 295. It is clear from section 25-328, R.R.S. 1943, and the interpretative decisions that the right to intervene is absolute.......