Wearne v. France
Wyoming Supreme Court
Error to district court. Action by one Wearne against one France, executor of James France, deceased. A motion to dissolve attachments issued on plaintiff’s affidavits was sustained, and plaintiff brings error.
1Opinion of the CourtMaginnis, C. J.
Plaintiff in error sued James France, testator of defendant in error, in the court below, upon two certificates of deposit issued by France as a banker. One of these certificates was due and unpaid at the time suit was brought; the other was not due at that time. No right of action was shown upon the face of the petition upon this second certificate. Under the statutes of this territory, action upon a debt not due may only be brought when one of the following causes exists: First, when a debtor has sold, conveyed, or otherwise disposed of his property, with the fraudulent intent to cheat or…
2Cited by6 opinions
- Millus v. Lowrey Bros.Supreme Court of Oklahoma · 1917
- Clendenning v. GuiseWyoming Supreme Court · 1898
- Flaks, Inc. v. DeberryWyoming Supreme Court · 1938
- Western Twine Co. v. ScottSouth Dakota Supreme Court · 1898
- Staab v. HerschNew Mexico Supreme Court · 1884
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