39 Iowa 596 | Iowa | 1874
■ II. Plaintiffs insist that the intervenor cannot be heard in this proceeding, and that his petition was correctly dismissed.
• Perkins’ interests are in conflict with plaintiff’s; he has an interest, or claims to have, in the matter in litigation, and is, therefore, entitled to intervene, under Code;. § 2683. The District Court, therefore, erroneously dismissed his petition.
■■ The decree and order appealed from by plaintiffs and the intervenor are reversed, and this cause will be remanded for further proceedings not inconsistent with this opinion,
Eeversed.