74 F. 325 | U.S. Circuit Court for the District of Alabama | 1896
This cause came on to be heard, in the matter of the petition of intervention of the People’s Bank on motion to vacate the order allowing- the intervention, and to strike out the petition on various grounds set out in the motion.
Among other grounds it is contended that the motion should he granted because the petition for leave to intervene was presented and granted without notice to the complainants in the cause, or, in other words, because the hearing of the petition was ex parte. There is no fixed or general rule in this court that requires notice of a petition or motion of this character. On the contrary, I believe the practice lias been to allow parties to intervene without, any special notice of the application therefor; other parties to the cause having always the right to object to the intervention, and to move the court to vacate the order allowing it. I am, however, inclined to the opinion that the better practice would be to require notice of the intended application. It would he more satisfactory, at least, in most cases. I overrule the motion on the ground of want of notice.
But I sustain the motion on the ground that the petitioner is
A simple contract creditor may intervene in a foreclosure suit if he has any equities in respect to the property, whether prior or subsequent to those of the complainant, and can secure their determination and protection. Hollins v. Iron Co., 150 U. S. 371, 14 Sup. Ct. 127. But we have seen that the petitioner shows no such equities. Besides, the petitioner does not ask to be allowed to intervene to secure the determination or protection of any equities in the property that it may have, but it asks to be allowed to intervene that it may defend against this suit of foreclosure.
The general rule is that a person not a party to a suit cannot appear in it, and be admitted to defend against it, except on the ground that he has an interest in the results of the litigation of a direct and immediate character. Smith v. Gale, 144 U. S. 519, 12 Sup. Ct. 674. And then it is said to be an extreme remedy, to be admitted by the court with hesitation and caution. And the' rule is that strangers to a cause — that is, third persons — cannot be heard therein, either by petition or motion, except in certain cases; as, for instance, when they belong to a class represented in the case, or on whose behalf a suit is brought, and are regarded as quasi parties. They may have a standing in court, and be heard for the purpose of protecting their interest. Fidelity Trust & Safety Vault Co. v. Mobile St. Ry. Co., 53 Fed. 850; Searles v. Railroad Co., 2 Woods, 625, Fed. Cas. No. 12,586. And when they are