Pioneer Canal Co. v. Akin
Wyoming Supreme Court
Error to the District Court, Laramie County; HoN. RODERICK N. Matson, Judge. On rehearing on motions to quash service and dismiss. For former opinion, see 23 Wyo. 75, 147 Pac. 169, which is overruled. In that report will be found an abstract of the briefs on the original hearings had on the motions. The motions should not have been sustained upon the authority alone of Bechtold v. Fisher, 12 O. Cir.
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Error to the District Court, Laramie County; HoN. RODERICK N. Matson, Judge. On rehearing on motions to quash service and dismiss. For former opinion, see 23 Wyo. 75, 147 Pac. 169, which is overruled. In that report will be found an abstract of the briefs on the original hearings had on the motions. The motions should not have been sustained upon the authority alone of Bechtold v. Fisher, 12 O. Cir. Ct. 559. The decision appears to turn upon the expression “therein named” and we believe the interpretation placed thereon is not justified by the statute. We believe it refers to a day to be…
1DissentBeard, Justice
There is much said in the opinion of the majority with which I find no fault; but must differ from them in the conclusion arrived at. In my opinion there is nothing in Section 5111, Comp. Stat. 1910, authorizing the return day of a summons in error to be later than the first day of the next term, whether it be issued when court is in session or after it has adjourned for the term. I am further of the opinion that service must be- procured within sixty days after the expiration of the year allowed by the statute for commencing proceedings in error in order to give the court jurisdiction; and…
2Cases cited3 opinions
- School Dist. No. 39, Kiowa Cty. v. FisherSupreme Court of Oklahoma · 1909
- Durant v. MunfordSupreme Court of Oklahoma · 1913
- In Re Herod's EstateSupreme Court of Oklahoma · 1914