Schaetzel v. City of Huron

Citations

• 6 S.D. 134
• 60 N.W. 741
• 1894 S.D. LEXIS 133

Syllabus

<p>1. An order refusing the right to withdraw a complaint of intervention “involves the merits of the action or some part thereof,” and is appealable.</p> <p>2. In the absence of a counterclaim or demand for affirmative relief, a complaint of intervention that states a cause of action adverse to both plaintiff and defendant, as shown by the pleadings, may be dismissed on application of the intervener.</p> <p>(Syllabus by the Court.</p>