Coburn v. Smart

Citations

• 53 Cal. 742

Syllabus

<p>Right of Subeties to Intervene.—The sureties of a defendant, in an action of replevin, upon an undertaking given to effect a return of the property in controversy to tlio defendant pending the action, have an interest in the action which entitles them to intervene if the defendant is insolvent, and the action is not being defended in good faith.</p> <p>Same—When to be Exebcised.—The right to intervene may he exercised at any time before the trial of the action is commenced—if the complaint in intervention tender only such an issue as is already joined by the answer of the defendant on lile.</p> <p>'Same—Right to Appeal.—Sureties, whose application to intervene in such a case has been denied, may prosecute an appeal to this Court.</p>