Boswell v. First National Bank of Laramie
Wyoming Supreme Court
ERROR to the District Court, Albany County, Hon. David H. Craig, Judge. The Eirst National Bank of Daramie, Wyoming, brought an action in replevin against N. K. Boswell. The defendant prosecuted error from a judgment for the plaintiff. The facts are stated in the opinion. The power of attorney to the co-partner to execute chattel mortgages was inadmissible because improperly attested and acknowledged.
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ERROR to the District Court, Albany County, Hon. David H. Craig, Judge. The Eirst National Bank of Daramie, Wyoming, brought an action in replevin against N. K. Boswell. The defendant prosecuted error from a judgment for the plaintiff. The facts are stated in the opinion. The power of attorney to the co-partner to execute chattel mortgages was inadmissible because improperly attested and acknowledged. The reference by initials to the party whose signature was attested is insufficient. A power of attorney must be executed with the formalities required by law. (22 Ency. D. (2d Ed.), 1086.)…
1Opinion of the Court
Pottrr, Chirk Justicr.
This is a replevin action brought by the First National Bank of Raramie, to recover possession of fifty head of neat cattle. Upon the giving of an undertaking for that purpose as provided by statute, the property was re-delivered to the defendant below, plaintiff in error here, by the officer who executed the writ. The plaintiff below claimed to be entitled to the possession of the property by virtue of an alleged special ownership under two chattel mortgages purporting to have been executed to the plaintiff by Thomas Bird, William J. Bird and Julia A. Bird, co-partners…
2Cases cited45 opinions
- Pleasants v. FantSupreme Court of the United States · 1875
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Offutt v. World's Columbian ExpositionIllinois Supreme Court · 1898
- Ketterman v. Dry Fork Railroad Co.West Virginia Supreme Court · 1900
- Kahn v. Traders InsuranceWyoming Supreme Court · 1893
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3Cited by35 opinions
- Hall Oil Co. v. BarquinWyoming Supreme Court · 1925
- Williams v. Collins Communications, Inc.Wyoming Supreme Court · 1986
- Cimoli v. Greyhound CorporationWyoming Supreme Court · 1962
- Harney v. MontgomeryWyoming Supreme Court · 1923
- Hunt v. ThompsonWyoming Supreme Court · 1912
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