Legal Opinion

Demple v. Carroll

Wyoming Supreme Court

Decided June 30, 1913No. 734PublishedCited by 12 opinions

Error to the District Court, Sheridan County, Hon. Carroll H. Parmelee, Judge. The material facts are stated in the opinions. The petition fails to state a cause of action and therefore the court should have sustained the objection to the introduction of any evidence by the plaintiff. No authority is shown for the borrowing of money for the company by the plaintiff.

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Error to the District Court, Sheridan County, Hon. Carroll H. Parmelee, Judge. The material facts are stated in the opinions. The petition fails to state a cause of action and therefore the court should have sustained the objection to the introduction of any evidence by the plaintiff. No authority is shown for the borrowing of money for the company by the plaintiff. It is not alleged that demand was ever made by the plaintiff on the corporation for the money so borrowed or advanced or that the corporation refused to pay the amount. And the facts alleged are insufficient to show that…

1Opinion of the Court

Beard, Justice.

The defendant in error, George G. Carroll, brought this action in the District Court of Sheridan County, against the plaintiff in error, Peter Demple, to recover the sum of one thousand dollars and interest alleged to be due on a certain written agreement. The case was tried to the court without a jury, and judgment rendered against the defendant below (Demple), and he brings error.

The plaintiff, Carroll, alleged in his petition, in substance, that prior' to May 16, 19T1, he was the owner of a large *453interest in, and a large part of the capital stock of the Sheridan…

2Cases cited8 opinions

  1. Phenix Insurance v. StocksIllinois Supreme Court · 1893
  2. Barrett v. Kansas & Texas Coal Co.Supreme Court of Kansas · 1905
  3. Moyers v. FogartySupreme Court of Iowa · 1909
  4. Gale v. FossSupreme Court of Missouri · 1871
  5. Wixon v. DevineCalifornia Supreme Court · 1891

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

3Cited by12 opinions

  1. Johnson v. SoulisWyoming Supreme Court · 1975
  2. Chandler v. DuganWyoming Supreme Court · 1952
  3. Chicago & N. W. Ry. Co. v. OttWyoming Supreme Court · 1925
  4. Wyoming Wool Marketing Association v. UrrutyWyoming Supreme Court · 1964
  5. Cary v. ManfullWyoming Supreme Court · 1930

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

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