CAPITOL INDEMNITY CORP. v. MORRIS

No. 32.

46 Wis.2d 527 (1970)

175 N.W.2d 479

CAPITOL INDEMNITY CORPORATION, Respondent, v. MORRIS and others, Defendants: ST. PAUL FIRE & MARINE INSURANCE COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided April 3, 1970.


Attorney(s) appearing for the Case

For the appellant there were briefs by Wickham, Borgelt, Skogstad & Powell, attorneys, and Phillip E. Crump of counsel, all of Milwaukee, and oral argument by Mr. Crump.

For the respondent there was a brief by Bruce Gillman and Arthur, Tomlinson & Gillman, all of Madison, and oral argument by Bruce Gillman.


WILKIE, J.

But one issue is presented which is dispositive of this appeal: Did the trial court abuse its discretion in denying St. Paul's petition to intervene in the state action?

Since 1963, intervention in Wisconsin has been governed by sec. 260.205, Stats., which provides:

"If in an action for the recovery of property, a person not a party has an interest in the property, or if in any other action, a person not a party has such an interest in the...

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