Tucker v. Wyoming Coal Mining Co.
Wyoming Supreme Court
ERROR to the District Court, Sheridan County, Hon. Carrorr H. Parmrrer, Judge. The action was ejectment brought by the Wyoming Coal Mining Company against Barton Tucker and Saloma Tucker. Verdict and judgment for the defendants. A new trial was granted on motion of the plaintiff, on the ground of newly discovered evidence, and from that order' the defendants prosecuted error. The facts are stated in the opinion.
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ERROR to the District Court, Sheridan County, Hon. Carrorr H. Parmrrer, Judge. The action was ejectment brought by the Wyoming Coal Mining Company against Barton Tucker and Saloma Tucker. Verdict and judgment for the defendants. A new trial was granted on motion of the plaintiff, on the ground of newly discovered evidence, and from that order' the defendants prosecuted error. The facts are stated in the opinion. The new evidence set forth in the motion and in the affidavits filed in support thereof is not so stated as to show that it would in any manner change the dividing line in dispute…
1Opinion of the Court
Brard, Justicr.
This action was brought by the defendant in error against the plaintiffs in error to recover the possession of a certain strip of land claimed by both parties. The case was tried to a jury, resulting in a verdict and judgment in favor of defendants below. A motion for a new trial made by plaintiff below on the grounds that the verdict and judgment were contrary to and not sustained by the evidence and were contrary to law, was denied; and, within the time allowed by law, said plaintiff moved for a new trial on the ground of newly discovered evidence, which motion was sustained…
2Cases cited13 opinions
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- Wilson v. PlankWisconsin Supreme Court · 1876
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- Ogilvie v. CopelandIllinois Supreme Court · 1893
- Goodman v. MyrickOregon Supreme Court · 1873
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3Cited by3 opinions
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- Zarneke v. KitzmanSouth Dakota Supreme Court · 1921
- Stinehart v. StateWyoming Supreme Court · 1986