Legal Opinion

Garber v. Spray

Wyoming Supreme Court

Decided May 7, 1917No. 885PublishedCited by 1 opinion

Error to the District Court of Platte County; William C. MeNTzer, Judge.' Action in justice court by Verna Spray against E. A. Garber..

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Error to the District Court of Platte County; William C. MeNTzer, Judge.' Action in justice court by Verna Spray against E. A. Garber.. From a judgment of the District Court affirming judgment of the justice, defendant appeals. • The petition is insufficient to support the judgment; the findings of the justice are insufficient to support the judgment; the amount in controversy was in excess of the jurisdiction of the justice; pleadings are essential to make an issue in justice court. (Y. M. C. A. of Dallas v. Schow Bros. (Tex.), 161 S. W. 913.) The cause of action must be shown. (Prest-O-Lite…

1Opinion of the Court

Potter, Chief Justice.

This case is here on error for the review of a judgment of the district court in and for Platte County affirming on petition in error the judgment of a justice of the peace. The action was commenced before the justice of the peace by the defendant in error, Verna Spray, the summons reciting that the plaintiff “sues on a civil action to recover the sum of two hundred dollars, same being for damages done to a crop of rye owned by plaintiff by reason of trespass thereon by defendant’s cattle.” ' Both parties appeared at the time specified in the summons, and the plaintiff…

Also in this document: Concurrence.

2Cases cited28 opinions

  1. Sutherlin v. BloomerOregon Supreme Court · 1907
  2. Watson v. LawsonCalifornia Supreme Court · 1913
  3. Daniels v. CleggMichigan Supreme Court · 1873
  4. Allen v. HollingsheadIndiana Supreme Court · 1900
  5. School District No. 3 v. Western Tube Co.Wyoming Supreme Court · 1905

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3Cited by1 opinion

  1. Farmers' State Bank of Riverton v. JohnsonWyoming Supreme Court · 1927

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