Innes v. Hay
Wyoming Supreme Court
ERROR to the District Court, Albany County, HoN. James H. Burgess, Judge. The Court erred in overruling the motion of plaintiff to strike out parts of the amended petition, and to require a more definite and specific statement of claim. The petition did not comply with the requirements of Section 4380 Comp. Stats. 1910 requiring that causes of action be separately stated and numbered.
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ERROR to the District Court, Albany County, HoN. James H. Burgess, Judge. The Court erred in overruling the motion of plaintiff to strike out parts of the amended petition, and to require a more definite and specific statement of claim. The petition did not comply with the requirements of Section 4380 Comp. Stats. 1910 requiring that causes of action be separately stated and numbered. (King v. Beaumier, 174 Pac. 613; 25 Wyo. 35.) The credit should have applied to the cause of action that first accrued. Plaintiff was not entitled to jury trial, not having demanded a jury within time. (Laws…
1Opinion of the Court
Blume, Justice.
Alec Hay, plaintiff below, brought this action against John Innes, defendant below, to recover a balance due him of $1389.30. The amended petition was in two causes of action, or counts. The plaintiff in the first cause of action alleges that he entered into an oral contract with defendant whereby defendant hired him to work on a ranch, agreeing to pay'the going wage; that pursuant thereto he performed services, claiming therefor the going wage as follows: From May 1, 1917 to December 31, 1917, 8 months at $55.00 per month, total $440.00; From January 1, 1918 to April 30, 1918,…
2Cases cited22 opinions
- Moot v. . MootNew York Court of Appeals · 1915
- Warner v. F. Thomas Parisian Dyeing & Cleaning WorksCalifornia Supreme Court · 1895
- Wood v. WoodWyoming Supreme Court · 1917
- Sholin v. Skamania Boom Co.Washington Supreme Court · 1909
- Bricker v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
17 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Goggins v. HarwoodWyoming Supreme Court · 1985
- DeWitty v. DeckerWyoming Supreme Court · 1963
- Boomer v. IsleyIdaho Supreme Court · 1930
- Hein v. MarcanteWyoming Supreme Court · 1941
- State v. BonoloWyoming Supreme Court · 1928
2 more not listed; retrieve them via the Exa API.