defendants in resisting claim in Nebraska

2017We have held that one who intervenes under § 25-328 becomes a party to the litigation and has all the rights of a party.21 An intervenor’s pleadings are governed by the same pleading rules in chapter 25 of the Nebraska Revised Statutes as govern other parties’ pleadings.22 And, as a party to the litigation, it is generally recognized that intervenors “can engage in discovery, file motions, introduce evidence, and examine witnesses.”23 Here, the district court interpreted the lis pendens statute to limit the rights of a party who intervenes as a subsequent 21 Kirchner v. Gast, 169 Neb. 404 , 10

2017We have held that one who intervenes under § 25-328 becomes a party to the litigation and has all the rights of a party.21 An intervenor’s pleadings are governed by the same pleading rules in chapter 25 of the Nebraska Revised Statutes as govern other parties’ pleadings.22 And, as a party to the litigation, it is generally recognized that intervenors “can engage in discovery, file motions, introduce evidence, and examine witnesses.”23 Here, the district court interpreted the lis pendens statute to limit the rights of a party who intervenes as a subsequent 21 Kirchner v. Gast, 169 Neb. 404 , 10

2024ELLERBROCK-NORRIS AGENCY Cite as 318 Neb. 138 with the defendants in resisting the claim of the plaintiff, or by demanding anything adversely to both the plaintiff and defendant, either before or after issue has been joined in the action, and before the trial commences. [5,6] We have observed that the court may make a pre- liminary determination whether the complaint in intervention sufficiently alleges the requisite interest.

2023Section 25-328 provides: Any person who has or claims an interest in the mat- ter in litigation, in the success of either of the parties to an action, or against both, in any action pending or to be brought in any of the courts of the State of Nebraska, may become a party to an action between any other persons or corporations, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendants in resisting the claim of the plaintiff, or by demanding anything adversely to both the plaintiff and defendant, either before or after issue has been joined in

2023Section 25-328 provides: Any person who has or claims an interest in the mat- ter in litigation, in the success of either of the parties to an action, or against both, in any action pending or to be brought in any of the courts of the State of Nebraska, may become a party to an action between any other persons or corporations, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendants in resisting the claim of the plaintiff, or by demanding anything adversely to both the plaintiff and defendant, either before or after issue has been joined in

2023HARCHELROAD Cite as 315 Neb. 351 persons or corporations, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendants in resisting the claim of the plaintiff, or by demanding anything adversely to both the plaintiff and defendant, either before or after issue has been joined in the action, and before the trial commences. 3 In addition to statutory intervention, sometimes referred to as “intervention as a matter of right,” 4 this court has also recognized equitable intervention, which provides generally that “a court with equitable jurisdiction

2023See, also, Houser v. American Paving Asphalt, 299 Neb. 1 , 907 N.W.2d 16 (2018); Schmunk v. Aquatic Solutions, 29 Neb.

2023Section 25-328 provides: Any person who has or claims an interest in the mat- ter in litigation, in the success of either of the parties to an action, or against both, in any action pending or to be brought in any of the courts of the State of Nebraska, may become a party to an action between any other persons or corporations, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendants in resisting the claim of the plaintiff, or by demanding anything adversely to both the plaintiff and defendant, either before or after issue has been joined in

2023Section 25-328 provides: Any person who has or claims an interest in the mat- ter in litigation, in the success of either of the parties to an action, or against both, in any action pending or to be brought in any of the courts of the State of Nebraska, may become a party to an action between any other persons or corporations, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendants in resisting the claim of the plaintiff, or by demanding anything adversely to both the plaintiff and defendant, either before or after issue has been joined in

2023Section 25-328 provides: Any person who has or claims an interest in the mat- ter in litigation, in the success of either of the parties to an action, or against both, in any action pending or to be brought in any of the courts of the State of Nebraska, may become a party to an action between any other persons or corporations, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendants in resisting the claim of the plaintiff, or by demanding anything adversely to both the plaintiff and defendant, either before or after issue has been joined in

2023Section 25-328 provides: Any person who has or claims an interest in the mat- ter in litigation, in the success of either of the parties to an action, or against both, in any action pending or to be brought in any of the courts of the State of Nebraska, may become a party to an action between any other persons or corporations, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendants in resisting the claim of the plaintiff, or by demanding anything adversely to both the plaintiff and defendant, either before or after issue has been joined in

2020Stat. § 25-328 (Reissue 2016) elaborates that any person who claims an interest in the matter may become a party before trial commences: Any person who has or claims an interest in the mat- ter in litigation, in the success of either of the parties to an action, or against both, in any action pending or to be brought in any of the courts of the State of Nebraska, may become a party to an action between any other persons or corporations, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendants in resisting the claim of the plaintiff, or by d

2020Stat. § 25-328 (Reissue 2016) elaborates that any person who claims an interest in the matter may become a party before trial commences: Any person who has or claims an interest in the mat- ter in litigation, in the success of either of the parties to an action, or against both, in any action pending or to be brought in any of the courts of the State of Nebraska, may become a party to an action between any other persons or corporations, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendants in resisting the claim of the plaintiff, or by d

2017RYAN REVOCABLE TRUST v. RYAN Cite as 297 Neb. 761 Any person who has or claims an interest in the mat- ter in litigation, in the success of either of the parties to an action, or against both, in any action pending or to be brought in any of the courts of the State of Nebraska, may become a party to an action between any other per- sons or corporations, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendants in resisting the claim of the plaintiff, or by demanding anything adversely to both the plaintiff and defendant, either before or aft

2017Ryan bases her intervention rights solely on § 25-328, so we begin by reviewing the legal propositions governing such intervention. [5-8] As a prerequisite to intervention under § 25-328, the intervenor must have a direct and legal interest of such charac- ter that the intervenor will lose or gain by the direct operation and legal effect of the judgment which may be rendered in the action.7 An indirect, remote, or conjectural interest in the result of a suit is not enough to establish intervention as a mat- ter of right.8 Simply having a claim that arises out of the same facts as the claims at

2017A prospective interve- nor can raise his or her claims or defenses, but those claims 17 Spear T Ranch v. Knaub, 271 Neb. 578 , 713 N.W.2d 489 (2006). 18 Id. 19 See Kirchner v. Gast, 169 Neb. 404 , 100 N.W.2d 65 (1959). 20 Spear T Ranch v. Knaub, supra note 17 . 21 Id. - 771 - Nebraska Supreme Court A dvance Sheets 297 Nebraska R eports WAYNE L.

2017A prospective interve- nor can raise his or her claims or defenses, but those claims 17 Spear T Ranch v. Knaub, 271 Neb. 578 , 713 N.W.2d 489 (2006). 18 Id. 19 See Kirchner v. Gast, 169 Neb. 404 , 100 N.W.2d 65 (1959). 20 Spear T Ranch v. Knaub, supra note 17 . 21 Id. - 771 - Nebraska Supreme Court A dvance Sheets 297 Nebraska R eports WAYNE L.

1950“Under the statute the right of a party to intervene in an action is absolute, subject only to the condition-that he exhibit a pleading containing allegations which demonstrate a right in the subject matter being litigated.” Wightman v. City of Wayne, 146 Neb. 944 , 22 N. W. 2d 294 .

1950“Under the statute the right of a party to intervene in an action is absolute, subject only to the condition-that he exhibit a pleading containing allegations which demonstrate a right in the subject matter being litigated.” Wightman v. City of Wayne, 146 Neb. 944 , 22 N. W. 2d 294 .

1931St. 1929, states: “Any person who has or claims an interest in the matter in litigation * * * in any action pending or to be brought in any of the courts of the state of Nebraska, may become a party to an action between any other persons or corporations, either by joining the plaintiff in claiming what is sought by the petition, or by uniting with the defendants in resisting the claim of the plaintiff, or, by demanding anything adversely to both the plaintiff and defendant, either before or after issue has been joined in the action, and before the trial commences.” And in Engdahl v. Laverty, 1

1931The Indiana case of Pipe Creek School Tp. v. Wagler, 194 Ind. 496 , refers to some earlier cases and lays down the rule as follows: “Taxpayers may sometimes be admitted to sue on behalf of a municipal corporation when ■'its officers refuse to do so, and may sometimes take up and ¡"carry forward pending litigation which the officers wrong- ■ fiilly ‘abandon, on a sufficient showing of cause for being permitted - to intervene.” See Sheibley v. Fales, 81 Neb. 795 ; Shepard v. Easterling, 61 Neb. 882 ; State v. Farmers State Bank, ante, p. 532.

1931The Indiana case of Pipe Creek School Tp. v. Wagler, 194 Ind. 496 , refers to some earlier cases and lays down the rule as follows: “Taxpayers may sometimes be admitted to sue on behalf of a municipal corporation when ■'its officers refuse to do so, and may sometimes take up and ¡"carry forward pending litigation which the officers wrong- ■ fiilly ‘abandon, on a sufficient showing of cause for being permitted - to intervene.” See Sheibley v. Fales, 81 Neb. 795 ; Shepard v. Easterling, 61 Neb. 882 ; State v. Farmers State Bank, ante, p. 532.

1931The Indiana case of Pipe Creek School Tp. v. Wagler, 194 Ind. 496 , refers to some earlier cases and lays down the rule as follows: “Taxpayers may sometimes be admitted to sue on behalf of a municipal corporation when ■'its officers refuse to do so, and may sometimes take up and ¡"carry forward pending litigation which the officers wrong- ■ fiilly ‘abandon, on a sufficient showing of cause for being permitted - to intervene.” See Sheibley v. Fales, 81 Neb. 795 ; Shepard v. Easterling, 61 Neb. 882 ; State v. Farmers State Bank, ante, p. 532.

1912Section 50» of the code provides: “Any person who has or claims an interest in the matter in litigation, in the success of either of the parties to an action, or against both, in any action pending or to be brought in any of the courts of the .state of Nebraska, may become a party to an action between any other persons or corporations, either by joining the plaintiff in claiming what is sought by the petition, or by uniting with the defendants in resisting the claim of the plaintiff, or by demanding anything adversely to both the plain!iff and defendant, either before or after issue lias been

1898Va. 63 ; State v. Cummings, 17 Neb. 311 .) Section 50a of the Code is as follows: “Any person who has or claims an interest in the matter in litigation, in the success of either of the parties to an action, or against both, in any action pending or to be brought in any of the courts of the state of Nebraska, may become a party to an action between any other persons or corporations, either by joining the plaintiff in claiming what is sought by the petition, or by uniting with the defendants in resisting the claim of the plaintiff, or by demanding anything adversely to both the plaintiff and def

1896(O’Donohue v. Hendrix, 13 Neb., 255 .) On the right to intervene the following statutory provisions demand consideration: Section 50a of the Code of Civil Procedure (Session Laws, 1887, p. 655, ch. 100, sec. 2) provides as follows: “Any person who has or claims an interest in the matter in litigation, in the success of either of the parties to an action, or against both, in any action pending or to be brought in any of the courts of the state of Nebraska, may become a party to an action between any other persons or corporations, either by joining the plaintiff in claiming what is sought by the