Reay

Appeal from an order of the superior court, by Mabel Treadwell, executrix of the will of J. P. Treadwell, deceased, denying appellant’s motion to strike out (or, in the alternative, to retax) a cost bill filed by plaintiff.

In 1866 the plaintiff, Eeay, commenced an action of ejectment against Butler and Owens to recover the possession of a tract of “outside lands” known as “Speck ranch.” J. P. Treadwell, appellant’s testator, filed an intervention in said action, alleging, in substance, that he was the owner and in possession of said ranch; that the defendants, Owens and Butler, were his servants and employees merely; that they were in collusion with the plaintiff and that the action was commenced and was being prosecuted for the fraudulent purpose of tricking him out of the possession of his property upon legal process. Whereupon he prayed that the plaintiff be enjoined from prosecuting said action and that the intervenor’s title be quieted, etc. The plaintiff, Eeay, answered the intervenor’s complaint denying all the material allegations thereof. The court ruled that the issues raised by the intervention and answer should be first tried, and a trial of said issues was had by…