Morrison Waite

“ Any person who has an interest in the matter at litigai on, in the success of either of the parties to the action, or against either or both, may become a party to any action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claim of the plaintiff, or by demanding anything adversely to both the plaintiff and defendant, or either of them, either before or after issue has been joined in the cause, and before the trial commences. ”

“ By getting the intervenors in, the sheriff will be able to establish his right of indemnity from them, but that does not in any way change the rights of the plaintiffs. The intervenors do not seek to relieve themselves from liability to the sheriff if he is bound, but to show that neither he nor they are liable to the plaintiffs. ”

“ If one is liable, all are liable. The judgment, if in favor of the plaintiffs, will be a joint judgment against all the defendants.
That such a suit is not removable was decided in Pirie v. Tvedt, 115 U.S. 41, 5 Sup. Ct. Rep. 1034, 1161, and Sloane v. Anderson, 117 U.S. 275, 6 Sup. Ct. Rep. 730. The fact that, if the intervention was had under sections 154 and 155, the property of the intervenors must first be exhausted on execution before that of the sheriff is sold, does not alter the case. ”