McNamara v. Crystal Mining Co.

Citations

• 23 Wash. 26
• 62 P. 81
• 1900 Wash. LEXIS 339

Syllabus

<p>DISMISSAL OF APPEAL — FAILURE TO PROSECUTE.</p> <p>A motion to dismiss an appeal for failure to send up the record in time will not he entertained, when the motion is not made until after the record has been filed.</p> <p>INTERVENTION-GROUNDS OF.</p> <p>A third party has no right to intervene in an action merely because defendant is asserting an adverse claim to such third party’s property as well as to that of plaintiff, when the rights attempted to be set up by means of the intervention affect entirely different property from that involved in the plaintiff’s action, since, under Ral. Code, § 4846, the right of intervention is granted only to one “who has an interest in the matter in litigation, in the success of either party, or an interest against.both.”</p>