Taylor v. Bank of Volga

Citations

• 9 S.D. 572
• 70 N.W. 834
• 1897 S.D. LEXIS 105

Syllabus

<p>1. In a suit by the receiver of a corporation against a bank to recover certain securities, a claim of an adverse interest in a note among the securities, which claimant alleged he had been induced to execute to the corporation on fraudulent representations, and which he had rescinded before the receiver was appointed, and had demanded a surrender of, entitled claimants to intervene, within Comp. Laws, Sec. 4886, providing that any person may intervene who has an interest in the matter in litigation, or an adverse interest against both parties.</p> <p>2. It is not an abuse of discretion to permit a party who has any interest in the subject of litigation to intervene, though he might amply protect his right in some other way.</p> <p>3. On appeal from the judgment alone, no appeal being taken from the order denying a new trial, the sufficiency of the evidence to support the findings of fact will not be reviewed.</p>