Kinney v. Owens
Wyoming Supreme Court
Error to the District Court, Weston County, Hon. Carroll H. Parmelee, Judge. Proceeding under the statute to vacate a judgment. The facts are stated in the opinion.
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Error to the District Court, Weston County, Hon. Carroll H. Parmelee, Judge. Proceeding under the statute to vacate a judgment. The facts are stated in the opinion. The court had no jurisdiction to render the judgment upon which the execution was issued and herein sought to be vacated, for the reason that the Union Meat Company, against whom the judgment was rendered jointly with the other defendants in that action, was not served with summons; and the service upon the plaintiff in error Kinney was insufficient as shown by the officer’s return on the summons, and for the further reason that…
1Opinion of the Court
Beard, Justice.
On May 31, 1904, in an action then pending in the District Court of AVeston County, entitled, “The Bank of Newcastle, a corporation duly organized and doing business under the laws of the State of AVyoming, and Harry B. Henderson, *392State Examiner in charge, plaintiffs, vs. The Union Meat Company, a corporation duly organized under the laws of the State of Wyoming; Pit Aimonetto, John Giachnio, and Pete Kinney, defendants,” a judgment was rendered by default in favor of the plaintiffs and against the defendants for $823 and costs. On January 20, 1905, an execution was issued on…
2Cases cited3 opinions
- Day v. GoodwinSupreme Court of Iowa · 1898
- State ex rel. Bank of Chadron v. District Court of Weston CountyWyoming Supreme Court · 1895
- Willis v. PeetSupreme Court of Louisiana · 1874
3Cited by2 opinions
- Keane v. AllenIdaho Supreme Court · 1949
- Luman v. HillWyoming Supreme Court · 1927