On the threshold it is necessary to dispose of a suggestion of want of jurisdiction made by the appellee. It is based on the proposition that, as the interveners in the trial court are not made parties to this appeal, we are without jurisdiction, since the judgment to be rendered may materially prejudice their rights. But the interveners did not except to the action of the trial court in vacating the attachment and dismissing the action. They were not made parties to the proceedings in error prosecuted from the judgment of the trial court to the supreme court of the territory. In that court the cause was determined without any suggestion, so far as the record discloses, that the questions arising on the record could not be decided in the absence of the interveners; and the supreme court of the territory manifestly assumed that the interveners were not essential parties to a determination of the controversy before it, since it passed on the case as presented without their presence. If their absence was treated by the parties to the proceedings in the supreme court of the territory as not affecting the right to a review of the judgment of the trial court, there can be no reason why we should now hold that the presence of such interveners is necessary on this ppeal, which has solely for its object a review of the judgment rendered by the supreme court of the territory. Considering the facts just stated, and the further fact that it is obvious that the rights of the interveners cannot be prejudiced by a review of the action of the supreme court of the territory in dismissing the cause for want of jurisdiction, the motion to dismiss is overruled.
The third ground stated in the plea of the defendant, the Campbell Company, to the jurisdiction of the court, was the one which the supreme court of the territory found to be well taken, and upon which it based its affirmance of the judgment quashing the attachment and dismissing the action for want of jurisdiction. The reasoning by which the court reached its conclusion was, in substance, as follows: