Reay v. Butler

Citations

• 2 Cal. Unrep. 501
• 7 P. 669
• 1885 Cal. LEXIS 852

Syllabus

<p>Ejectment—Effect of Intervention.—The effect of an intervention is to add new parties for the purpose of determining all conflicting claims to the matter in controversy, and does not affect the nature of the action at all, or-interfere with the trial thereof; and therefore, where the plaintiff, in an action of ejectment, desires a jury trial, the filing of an intervention praying equitable relief will not affect such right, and a denial of a jury is error.1</p> <p>.Ejectment—Intervention, When Allowed.—A person who does not claim to have derived title from both plaintiff and defendant in ejectment, and does assert title in himself paramount to both, cannot intervene in such action. Whether intervention applicable to ejectment at all, quaire.</p> <p>' Ejectment—Intervention—Amount of Judgment.—Where an intervener in an action prays for only part of the demanded premises, it is error for the court to render judgment in his favor for the whole of the same, and to enjoin the plaintiff from prosecuting or maintaining an action therefor.1</p>