Walton v. Spinner
Wyoming Supreme Court
Error to the District Court, Uinta County, Hon. David H. Craig, Judge. Clarence Walton sued Karl Spinner in justice court, and judgment was rendered for the defendant. The plaintiff appealed to the District Court, where the appeal was dismissed for the failure of the return and transcript to show what pleadings, if any, were made or filed, or what, if any, issue was tried in the justice court.
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Error to the District Court, Uinta County, Hon. David H. Craig, Judge. Clarence Walton sued Karl Spinner in justice court, and judgment was rendered for the defendant. The plaintiff appealed to the District Court, where the appeal was dismissed for the failure of the return and transcript to show what pleadings, if any, were made or filed, or what, if any, issue was tried in the justice court. A motion for a rule upon the justice to amend his return and transcript was denied. The plaintiff thereupon instituted proceedings in error, complaining of said rulings. T-he writ and summons were…
1Opinion
on petition for rehearing.
Beard, Justice.
This case was decided February 2, 1907, the opinion appearing in 88 Pac., 650. Plaintiff in error has filed a petition for rehearing in which it is now claimed that the *304transscript of the justice shows a pleading by the plaintiff, “because the transcript shows that the plaintiff in error caused a writ of replevin to issue from the justice court against the defendant.” And it is contended that “this writ was his plea or petition or complaint.” This is a departure from the position taken at the hearing; and we cannot agree with counsel that the writ is a…
2Cases cited1 opinion
- Walton v. SpinnerWyoming Supreme Court · 1907