Ramsey v. Johnson
Wyoming Supreme Court
On petition for rehearing. The original hearing reported, 7 Wyo., 392. The petition failing to allege an assignment of the lease, the property is not bound for the sum alleged to be due to the assignee. The second cause of action is insufficient, not being complete in itself. (Bliss Code PI., 121; Pomeroy Bern., 575.)
1Opinion of the Court
Potter, Chief Justice.
Plaintiff in error files a petition for rehearing, setting forth the following reasons therefor:
1. That the court erred in its statement of facts in stating that the petition set out an assignment of the lease, and in stating that the petition alleged that by the terms of the lease there was a lien upon certain personal property upon th& premises, and belonging to the defendant, to secure the payment of the sum claimed to be due.
2. That the court erred in holding that reference could be made to the first cause of action to supply material facts omitted in the second…
Also in this document: Concurrence.
2Cases cited14 opinions
- Pennie v. HildrethCalifornia Supreme Court · 1889
- Haskell v. HaskellCalifornia Supreme Court · 1880
- Green v. CliffordCalifornia Supreme Court · 1892
- Freeland v. McCulloughCourt for the Trial of Impeachments and Correction of Errors · 1845
- Leavenworth, Northern & Southern Railway Co. v. WilkinsSupreme Court of Kansas · 1891
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3Cited by4 opinions
- Morris v. City of SheridanOregon Supreme Court · 1917
- Eller v. SalatheWyoming Supreme Court · 1932
- Washoe County Bank v. CampbellNevada Supreme Court · 1917
- Hecht v. Acme Coal Co.Wyoming Supreme Court · 1911