Benhard v. Darrow

Parks, not being a party to the suit, should have been served with notice of the motion. Where a party to the suit is in possession, the motion is ex parte; but one in possession not a party to the suit, is entitled to notice of the motion, and to be heard on it, so far as the granting of it may affect his rights.

Let an order be entered requiring Parks to show cause against the motion, on being served with copies of the affidavits, &c.