(Download) "Westlake v. District Court" by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: Westlake v. District Court
- Author : Supreme Court of Montana
- Release Date : January 23, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
1. Parties ? Proposed complaint not a necessary part of application to intervene. Although it is regarded as the best practice to serve and tender a proposed complaint in intervention along with an application for permission to intervene, and if so served and tendered the complaint in intervention may be considered with the application upon the issue of the right to intervene, the proposed complaint is not a necessary part of the application, its chief mission being as a pleading in the main action after intervention is granted. 2. Parties ? Order allowing intervention may be vacated. An order permitting intervention may be vacated on motion where permission to intervene should not have been granted. 3. Parties ? Motion to vacate attacks propriety of complaint in intervention. A motion directed against a petition or order in intervention attacks the propriety of the existence of the complaint in intervention and of its consideration by the court, and must be distinguished from a motion or demurrer directed against the complaint in intervention itself. 4. Parties ? Order of intervention is without prejudice ? rights of intervenor. An order granting leave to intervene is without prejudice to any objection that may be made to the sufficiency of the pleading filed under the order and the intervenors rights are as broad as those of other parties to the action after intervention. 5. Parties. Ordinary rules of pleading apply under the statute to a complaint in intervention. 6. Estoppel ? Waiver is intentional. Technically a "waiver" is the intentional relinquishment of a known right, and to constitute a waiver of a right there must have been an intention to waive. - Page 415 7. Parties ? Plaintiff waived rights by demurring. Where a petition to intervene was accompanied by the intervenors tendered complaint in intervention and the plaintiff filed both a motion to strike the complaint in intervention and a demurrer to that complaint, plaintiff, by demurring to the complaint in intervention, waived his right to stand upon his motion to strike, which raised jurisdictional right of the court to hear the interveners.
 "Westlake v. District Court" by Supreme Court of Montana * eBook PDF Kindle ePub Free){kind=link}