Legal Opinion

Littleton v. Burgess

Wyoming Supreme Court

Decided October 7, 1907PublishedCited by 32 opinions

Error to the District Court, Sheridan County, Hon. Charles E. CarpsntRr, Judge. The action was brought upon an injunction bond by James H. Burgess against Fred Littleton, the principal named in the bond, and his surety. Judgment was rendered for plaintiff. The defendants brought error. The material facts are stated in the opinion. The statute as to change of venue is mandatory.

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Error to the District Court, Sheridan County, Hon. Charles E. CarpsntRr, Judge. The action was brought upon an injunction bond by James H. Burgess against Fred Littleton, the principal named in the bond, and his surety. Judgment was rendered for plaintiff. The defendants brought error. The material facts are stated in the opinion. The statute as to change of venue is mandatory. (Perkins v. McDowell, 3 Wyo., 204; Dowling v. Allen, 88 Mo., 293; Route v. Ninde, 118 Ind., 123; Walsh v.' Ray, 38 Ill., 30; Ins. Co. v. Tolman, 80 Ill., 106; Turner v. Hitchcock, 20 la., 310; Miller v. Laraway, 31…

1Opinion of the Court

Scott, Justice.

This action was brought in the district court of Sheridan County by the defendant in error as obligee against the plaintiffs in error as obligors to recover upon an injunction undertaking given and executed by Littleton as principal and Schroeder as surety, in an action wherein the said Littleton was plaintiff and the said Burgess, county and prosecuting attorney of Sheridan County, Wyoming, was defendant. The case was tried without the intervention of a jury and the court found and rendered judgment in favor of Burgess. Littleton and Schroeder bring the case here on error.

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2Cases cited18 opinions

  1. Walton v. DevelingIllinois Supreme Court · 1871
  2. Debolt v. CarterIndiana Supreme Court · 1869
  3. Robertson v. SmithIndiana Supreme Court · 1891
  4. Brown v. CritchellIndiana Supreme Court · 1886
  5. Creek v. McManusMontana Supreme Court · 1893

13 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Klopstock v. Superior CourtCalifornia Supreme Court · 1941
  2. Sheridan County Electric Co-Op., Inc. v. FergusonMontana Supreme Court · 1951
  3. Mason v. United States Fidelity & Guaranty Co.California Court of Appeal · 1943
  4. Gruender v. FrankSupreme Court of Missouri · 1916
  5. Poe v. Sheridan CountyMontana Supreme Court · 1916

27 more not listed; retrieve them via the Exa API.

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