ATWELL, District Judge.
At the hearing of the motion the merits of the intervener's claim were presented. If the intervener could have no property in the automobile, nor any benefit from the setting aside of the default judgment, there would be no reason to set the same aside; hence the intervention, as well as the motion, were considered together.
The facts indicate that at 3 or 4 o'clock in the morning, on the banks of the Rio Grande, at or near El Paso...
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