Stieff v. Bailey

Citations

• 27 Del. 508
• 4 Boyce 508
• 89 A. 366
• 1913 Del. LEXIS 73

Syllabus

<p>1. Parties—Intervention—Right to Intervene.</p> <p>The right of a third person to intervene at law in an action in which he is not a party depends largely, if not entirely, on the necessity for such intervention.</p> <p>2. Parties—Intervention—Right to Intervene.</p> <p>To justify intervention of a third party in an action at law, it must be shown that he has such a relation to the subject-matter of the action and to the original parties thereto that necessity requires the litigation of his rights in conjunction with those of the original parties.</p> <p>3. Replevin—Parties—Intervention—Bailiff.</p> <p>Where, in replevin to recover a piano against a tenant, plaintiff did not join a bailiff of the landlord, who had levied a distress warrant thereon, the bailiff was entitled to intervene and defend under his distraint.</p>