CIVIL PROCEDURE-PARTIES-INTERVENTION DENIED WHERE APPLICANT ASSERTS AN INDEPENDENT CAUSE OF ACTION IN DAMAGE SUIT

ln plaintiff's action for property damages sustained in a collision with defendant's automobile, defendant's wife filed a petition of intervention for her claim against plaintiff for personal injuries received in the accident. Plaintiff's motion to strike the petition of intervention was overruled by the trial court. On appeal, held, reversed. Petitioner's cause of action was independent of the controversy between plaintiff and defendant and did not fall within the provisions of the court rule allowing intervention.

Edgington v. Nichols, (Iowa 1951) 49 N.W. (2d) 555.