
    No. 5666.
    Mrs. S. C. Lane v. Joshua G. Clarke-Heirs of Lane et als. Intervenors.
    The certificate of the clerk of the court a qua as to all the matters in regard to plaintiff, defendant, and the intervenors who have appealed, is sufficiently full. The proceedings as-to the intervenor Bender, who did not appeal, are not material in the controversy between the parties before this court, and their omission from the record can not prejudice or affect the parties.
    The record shows that the citations on the intervenors were served, but before the specified delay expired, and before issue was formed thereon either by default or otherwise, the plaintiff caused the default taken by her. against the defendant to be confirmed and the intervention dismissed. This was irregular and premature. Issue should have been joined.
    APPEAL from the Thirteenth Judicial District Court, parish of Mad-_£1_ ison. Sough, J.
    
      F. _D. <& W. Farra/r, for plaintiff and appellee. J. W. Montgomery, for defendant and intervenors, appellants.
   Howell, J.

A motion is made to dismiss this appeal on the grounds:

First — That one Bender, who was an intervenor, is not made a party. The record shows that his intervention was dismissed as of nonsuit, and he has not appealed. He therefore has no interest in maintaining the judgment between plaintiff and defendant, and is not a necessary party to the appeal. He is no longer a party to the suit.

Second — The certificate of the clerk is not full and unqualified that the record contains all the testimony adduced, all the documents filed and all the proceedings had on the trial.

It certifies as to all these matters in regard to plaintiff, defendant, and the intervenors who have appealed. The proceedings as to the intervenor Bender, who did not appeal, are not material in the controversy between the parties before this court, and their omission from the record can not prejudice or affect said parties. The motion to dismiss is therefore overruled.

On the Merits.

The intervenors, the heirs of Lane and Ed. Waller, have appealed from a judgment dismissing their interventions as of nonsuit, and assigned for error “ that the district judge permitted their interventions to be filed and ordered to be served; that before citations could be served and returned, the plaintiffs caused their interventions to be dismissed, when no issues or answers were filed either by the plaintiff or defendant.”

The record shows that the citations on the interventions were served, but before the specified delay expired, and before issue was formed thereon either by default or answer, the plaintiff caused the default taken by her against the defendant to be confirmed and the interventions dismissed. This, under the authority of Perkins v. Perkins, 20 An. 257, was irregular and premature. Issue should have been joined.

It is therefore ordered that the judgment appealed from as to the appellees and appellants be reversed, and the cause remanded to be proceeded in according to law. Costs of appeal to be paid by appellees.  