Seibel v. Bath
Wyoming Supreme Court
ERROR to District Court for Albany County, HoN. JOHN W. BlaKE, Judge. ActioN to enjoin foreclosure of mortgage and mechanic’s liens on property of infant heirs, and for the cancellation of said liens.
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ERROR to District Court for Albany County, HoN. JOHN W. BlaKE, Judge. ActioN to enjoin foreclosure of mortgage and mechanic’s liens on property of infant heirs, and for the cancellation of said liens. The facts are fully stated in the opinion.' Where the right of action is clearly divisible, and the judgment is against one of the defendants and in favor of the other, the unsuccessful defendant need not make the other a party to tbe appeal, unless snob action is taken in the trial court as makes both of the defendants necessary parties to the appeal. (Elliott App. Pro., 141; Cox v. U. S., 6…
1Opinion of the Court
Pottee, Justice.
In this case Paul E. H. Bath and Josephine D. S. Bath, minor heirs, by Charles Kuster, their next friend, brought suit in the district court of Albany County to enjoin Gustav A. Seibel, George Berner and Eli Crumrine from further proceeding to foreclose or enforce certain mechanic's liens claimed by Seibel and Berner, respectively, and two mortgages held by Crumrine upon certain property alleged to belong to the said heirs,-and to the end also that said encumbrances be declared void. .Restraining orders were issued pending the suit. ■
Separate demurrers were filed to the…
2Cases cited9 opinions
- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
- Patterson v. BoothSupreme Court of Missouri · 1890
- Perkins v. McDowellWyoming Supreme Court · 1890
- Roberts v. EldredCalifornia Supreme Court · 1887
- Jordan v. McNeilSupreme Court of Kansas · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Starrett v. ShepardWyoming Supreme Court · 1980
- Anderson v. Foothill Industrial BankWyoming Supreme Court · 1984
- Covey v. Covey's Little America, Inc.Wyoming Supreme Court · 1963
- State v. Scott, County Com'r.Wyoming Supreme Court · 1926
- Freeburgh v. LamoureuxWyoming Supreme Court · 1903
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