Legal Opinion

Turner v. Hamilton

Wyoming Supreme Court

Decided March 19, 1902PublishedCited by 8 opinions

Error to District Court, Natrona County, Hon. Charles W. Bramel, Judge.- This was an election contest. The petition was demurred to and the demurrer was sustained. A motion for rehearing on the demurrer was filed and denied. The plaintiff excepted to the rulings. No judgment was rendered in the action. Plaintiff brought the cáse here on error.

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Error to District Court, Natrona County, Hon. Charles W. Bramel, Judge.- This was an election contest. The petition was demurred to and the demurrer was sustained. A motion for rehearing on the demurrer was filed and denied. The plaintiff excepted to the rulings. No judgment was rendered in the action. Plaintiff brought the cáse here on error. A ruling sustaining a demurrer on the ground that the petition fails to state fact's sufficient to constitute a cause of action is a final order. (Williamson v'. Kansas & T. Coal Co., 50 Pac., 106.) Statutes • providing, for appeals are remedial and to…

1Opinion of the Court

KNight, Justice.

Attorney for plaintiff in error in his second'brief filed in this court makes the following statement of his case, which seems to be correct as far as it goes, and is as follows:

“This action was originally commenced by plaintiff in error filing her petition in the District Court. Defendant in error demurred to. the petition on the grounds (among others) that the petition failed to state facts sufficient to constitute a cause of action. The trial court sustained the demurrer, to which ruling plaintiff excepted.”

Thereafter defendant in error, by brief filed, calls attention to…

2Cases cited4 opinions

  1. Kahn v. Traders InsuranceWyoming Supreme Court · 1893
  2. Gramm v. FisherWyoming Supreme Court · 1892
  3. Menardi v. OmalleyWyoming Supreme Court · 1890
  4. Gramm v. FisherWyoming Supreme Court · 1892

3Cited by8 opinions

  1. Hahn v. Citizens State BankWyoming Supreme Court · 1918
  2. Bock v. NefsyWyoming Supreme Court · 1922
  3. Greenawalt v. Natrona Improvement Co.Wyoming Supreme Court · 1907
  4. James S. Jackson Co. v. Horseshoe Creek Ltd.Wyoming Supreme Court · 1982
  5. Turner v. HamiltonWyoming Supreme Court · 1905

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