Gibson v. Ferrell

Citations

• 77 Kan. 454
• 94 P. 783
• 1908 Kan. LEXIS 287

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Intervention—Cases Not Provided for in the Code. A district court, acting upon principles of manifest justice, may, in cases not provided for by the code of civil procedure, permit one not a party to the suit to intervene, either before or after judgment, for the protection or advancement of some right with reference to the subject-matter of the litigation which he holds.</p> <p>2. - Diligence Must be Shown. In such a case the application for leave to intervene must show that the applicant has . been diligent in seeking the aid of .the court.</p> <p>3. -Discretion of the Court. Such an application is addressed to the sound discretion of the court, and an order denying leave to intervene will not be set aside unless it clearly appears that the discretion permitted in the matter has been abused.</p>