Legal Opinion

Miskimmons v. Moore

Wyoming Supreme Court

Decided August 16, 1901PublishedCited by 1 opinion

Error to the District Court, Daramie County, Hon. Richard H. Scott, Judge. John Miskimmons commenced the action against H. Waldo Moore, complaining that, without probable cause, and maliciously, the defendant had charged the plaintiff before a Justice of the Peace with the crime of compounding a felony, and that he was, in consequence thereof, arrested, and subsequently committed for contempt of court for declining to answer certain questions in a criminal hearing wherein…

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Error to the District Court, Daramie County, Hon. Richard H. Scott, Judge. John Miskimmons commenced the action against H. Waldo Moore, complaining that, without probable cause, and maliciously, the defendant had charged the plaintiff before a Justice of the Peace with the crime of compounding a felony, and that he was, in consequence thereof, arrested, and subsequently committed for contempt of court for declining to answer certain questions in a criminal hearing wherein other parties were complained of for obtaining money under false pretences; and it was sought to recover damages. The…

1Opinion of the Court

Potter, Cheie Justice.

In this case, upon motion of the defendant, the District Court ordered the plaintiff, within a certain time designated *44in the order, to separately state and number the causes of action set out in the petition; the court having determined that the petition contained more than one cause of action. Upon plaintiff’s failure to comply with the order, the court dismissed the case without prejudice. Plaintiff brings the case here, alleging error in the order requiring a separate statement and numbering, contending that the petition sets out but one cause of action; while the…

2Cases cited2 opinions

  1. Thompson v. GatlinCourt of Appeals for the Eighth Circuit · 1893
  2. Eisenhouer v. SteinSupreme Court of Kansas · 1887

3Cited by1 opinion

  1. Lehfeldt Co. v. JusticeMontana Supreme Court · 1920

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