Barkwell v. Chatterton
Wyoming Supreme Court
Eeroe to District Court of Carbon County, IioN. Jesse KNIGHT, Judge. This was an action brought by Elizabeth A. Barhwell against Eenimore Chatterton for the recovery of damages for alleged conversion of certain cattle. A motion for change of venue was presented by plaintiff and the same was granted, the amount of the undertaking being fixed by the court. No undertaking was filed. Defendant moved to dismiss the action for that reason.
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Eeroe to District Court of Carbon County, IioN. Jesse KNIGHT, Judge. This was an action brought by Elizabeth A. Barhwell against Eenimore Chatterton for the recovery of damages for alleged conversion of certain cattle. A motion for change of venue was presented by plaintiff and the same was granted, the amount of the undertaking being fixed by the court. No undertaking was filed. Defendant moved to dismiss the action for that reason. Plaintiff also verbally moved to dismiss the action without prejudice. The motion of plaintiff was denied and that of defendant sustained, to which rulings…
1Opinion of the Court
Cohaway, Justice.
Plaintiff in error, who was also plaintiff in the district court, made application in that court for a change of venue. The change was granted on January 19, 1891. But the case never was transferred to any other court. On May 25th, 1891, defendant filed a written motion to “dismiss the above entitled cause” on account of the failure of plaintiff to file her bond on change of venue. On May 25, 1892, plaintiff made “her verbal motion in open court to dismiss this action at her own costs without prejudice.” This motion was overruled by the court, “and thereupon at the said last…
2Cases cited3 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Smith v. YagerSupreme Court of Iowa · 1891
- Webster v. . LawsSupreme Court of North Carolina · 1882
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