Legal Opinion

Watts v. Lawrence

Wyoming Supreme Court

Decided December 18, 1919No. 959PublishedCited by 14 opinions

Error to the District Court, Laramie County; Hon. John R. ARNOLD, Judge. Plaintiff below did not present its claim to the administrator before suit; this is a pre-requisite to recovery by action (56x6 C. S-.; O’Keefe v. Foster, 5 Wyo. 343; Snyder v. State, 5 Wyo. 318); the petition does not allege such presentation nor disallowance; there is no presumption of rejection (O’Keefe v. Foster, supra,.Morse v. Steele, 26 Pac. 693; Pratt v. Hunt, 41 Pac. 12; Bank v. Charles, 24…

Read the full summary

Error to the District Court, Laramie County; Hon. John R. ARNOLD, Judge. Plaintiff below did not present its claim to the administrator before suit; this is a pre-requisite to recovery by action (56x6 C. S-.; O’Keefe v. Foster, 5 Wyo. 343; Snyder v. State, 5 Wyo. 318); the petition does not allege such presentation nor disallowance; there is no presumption of rejection (O’Keefe v. Foster, supra,.Morse v. Steele, 26 Pac. 693; Pratt v. Hunt, 41 Pac. 12; Bank v. Charles, 24 Pac. 1019; Burke v. Maguire, 98 Pac. 21; Willis v. Booth, 91' Pac. 759); there was an error of description in the deed…

1Opinion of the Court

Burgess, District Judge.

This is a case brought here by Clyde M. Watts, Administrator of the estate of Mary A. Edwards, with the will annexed, defendant below, by proceedings in error to review a judgment rendered by the District 'Court of Laramie County adjudging the defendant' in error, 'Charles P. Lawrence, plaintiff below, to be the owner of a special fund held by the Stock Growers’ National Bank as stakeholder and to which the plaintiff in error had asserted a claim.

On March 29, 1905, Mary A. Edwards, a widow, signed, executed, and delivered to her son, Charles P. Lawrence, defendant in…

2Cases cited7 opinions

  1. Wilson v. CarricoIndiana Supreme Court · 1895
  2. O'Day v. MeadowsSupreme Court of Missouri · 1906
  3. Hunt v. HuntCourt of Appeals of Kentucky · 1904
  4. Love v. BlauwSupreme Court of Kansas · 1900
  5. George Adams & Frederick Co. v. South Omaha Nat. BankCourt of Appeals for the Eighth Circuit · 1903

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Stolldorf v. StolldorfWyoming Supreme Court · 1963
  2. Bankers Life Co. v. NelsonWyoming Supreme Court · 1941
  3. Nalley v. First Nat. Bank, MedfordOregon Supreme Court · 1930
  4. Atlas Realty Co. v. RowrayWyoming Supreme Court · 1937
  5. Ordahl v. JohnsonAppellate Court of Illinois · 1948

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API