Legal Opinion

Hamilton v. Diefenderfer

Wyoming Supreme Court

Decided April 7, 1913No. 676; No. 677PublishedCited by 1 opinion

Error to the District Court, Sheridan County;- Hon. Carroll H. Parmelb®, Judge. Each of the actions was replevin brought by Alf Diefen-derfer against D. P. Hamilton. Erom a judgment in favor of the plaintiff in each case the defendant brought error. The material facts are stated in the opinions.

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Error to the District Court, Sheridan County;- Hon. Carroll H. Parmelb®, Judge. Each of the actions was replevin brought by Alf Diefen-derfer against D. P. Hamilton. Erom a judgment in favor of the plaintiff in each case the defendant brought error. The material facts are stated in the opinions. The evidence seems to be undisputed that the indebtedness secured by the mortgage assigned to Diefenderfer had been paid and satisfied prior to the asisgnment, since no 'evidence was produced to contradict the admissions of John Schmitt, the mortgagor, and Marie Schmitt, the mortgagee, made prior to…

1Opinion of the Court

Beard, Justice. ■

The defendant in error, Diefenderfer, commenced these two actions against the plaintiff in error, Hamilton, to recover the possession of certain personal property, and for damages for the alleged wrongful taking and detention of the same. The cases involve the same questions and were consolidated for the purpose of trial and were tried to the court without a jury, and in each case the court found that the plaintiff below was entitled to the possession of the property and that he had sustained damages in the sum of ten dollars and rendered judgment accordingly. Prom those…

2Cited by1 opinion

  1. Laibly v. HalsethWyoming Supreme Court · 1959

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