Legal Opinion

Newell v. Morrow

Wyoming Supreme Court

Decided December 19, 1899PublishedCited by 1 opinion

ERROR to the District Court, Sheridan County, HoN. Joseph L. Stotts, Judge. Action had been brought by a surety upon promissory note to recover from the principal the amount of the note, alleging payment thereof by such surety. An attachment was sued out and levied upon a stock of goods belonging to one not the defendant, but who, it was claimed, had held defendant out as the owner, and upon the faith of which the surety had signed the notes.

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ERROR to the District Court, Sheridan County, HoN. Joseph L. Stotts, Judge. Action had been brought by a surety upon promissory note to recover from the principal the amount of the note, alleging payment thereof by such surety. An attachment was sued out and levied upon a stock of goods belonging to one not the defendant, but who, it was claimed, had held defendant out as the owner, and upon the faith of which the surety had signed the notes. The owner brought this suit to enjoin the sheriff from proceeding with the levy. Judgment was rendered for the defendant, and plaintiff prosecuted…

1Opinion of the Court

Khight, Justice.

In . this action the defendant in error, as sheriff, had levied an attachment writ sued out in justice court upon the property of plaintiff in error, and an injunction was granted restraining defendant in error from proceeding further.

The court found upon the trial of this ease that while the plaintiff in error was and had been the owner of the stock of drugs and fixtures in controversy, since February 3, 1897, that he had allowed one Edward L. Fish to exercise control and represent himself as such owner, publicly, from said February 3, 1897, until September 8, 1897, when said…

2Cases cited4 opinions

  1. Kent's Adm'r v. Kent's Adm'rSupreme Court of Virginia · 1886
  2. Dennison v. SoperSupreme Court of Iowa · 1871
  3. Miller v. StoutCourt of Chancery of Delaware · 1878
  4. Walker v. LathropSupreme Court of Iowa · 1858

3Cited by1 opinion

  1. Smith v. PittsSupreme Court of Alabama · 1910

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