Berlin Machine Works v. Bradford-Kennedy Co.

Citations

• 21 Idaho 669
• 123 P. 637
• 1912 Ida. LEXIS 149

Syllabus

<p>Adverse Party — Notice oe Appeal.</p> <p>(Syllabus by the court.)</p> <p>1. Where B. M. commences an action against B. K. for the recovery of the possession of personal property, and D. asks and is permitted to intervene, and denies the material allegations of the complaint and alleges that intervenor was the original purchaser of the property from plaintiff under a conditional sale, and that there has been no violation of the terms of the contract', and seeks damages, and after the evidence is in the court sustains a motion to nonsuit the intervenor on its cross-complaint' and then sustains a motion made by the defendant and intervenor for a nonsuit against the plaintiff, held, that upon appeal the intervenor is an “adverse party” within the purview and meaning of see. 4808, Bev. Codes, and that notice of appeal should have been served on the intervenor, and that for a failure to do so the appeal must be dismissed.</p>