McGinnis v. Beatty
Wyoming Supreme Court
Appeal from the District Court of Niobrara County, Hon. E. C. Raymond, Judge. Action by J. A. Beatty against Charles F. McGinnis for damages; defendant demurred to the petition which was sustained by order allowing time for the filing of an amended petition without fixing time within which defendant was required to plead. Defendant’s answer to the amended petition was thereafter stricken on motion of plaintiff and a default judgment was entered against defendant.
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Appeal from the District Court of Niobrara County, Hon. E. C. Raymond, Judge. Action by J. A. Beatty against Charles F. McGinnis for damages; defendant demurred to the petition which was sustained by order allowing time for the filing of an amended petition without fixing time within which defendant was required to plead. Defendant’s answer to the amended petition was thereafter stricken on motion of plaintiff and a default judgment was entered against defendant. From a denial of defendant’s motion to set aside the default and reinstate his answer, he appeals. The Court erred in striking…
1Opinion of the Court
Kimball, Justice.
Two previous opinions in this case on motions to dismiss, are reported in 26 Wyo. 409, 186 Pac. 120, and 196 Pac. 311. At the hearing on the merits, arguments in support of the motions to dismiss were renewed, but as the grounds, of those motions were fully discussed in the last previous, opinion, denying the motions, and as we continue of the-opinion that there is no reason for refusing to entertain the appeal, we shall pass to a consideration of the case on the merits.
The petition claimed damages in the sum of $1000 alleged to have been the result of the wrongful burning by…
2Cases cited35 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Philip Carey Co. v. VickersSupreme Court of Oklahoma · 1913
- Brenner v. BigelowSupreme Court of Kansas · 1871
- Porter v. Boston Storage Warehouse Co.Massachusetts Supreme Judicial Court · 1921
- Bradley v. SlaterNebraska Supreme Court · 1899
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3Cited by16 opinions
- Lake v. LakeWyoming Supreme Court · 1947
- Eager v. DerowitschWyoming Supreme Court · 1951
- Mitter v. Black Diamond Coal Co.Wyoming Supreme Court · 1922
- Reynolds v. Gladys Belle Oil Co.Montana Supreme Court · 1926
- State v. Scott, County Com'r.Wyoming Supreme Court · 1926
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