Legal Opinion

Phelan v. Cheyenne Brick Co.

Wyoming Supreme Court

Decided March 29, 1920No. Nos. 927, 928, 929PublishedCited by 13 opinions

Error to the District Court, Laramie County; Hon. William C. Mentzer, Judge. Action for the enforcement of a mechanic’s lien by the Cheyenne Brick Co. and others, Frank A. Roedel and others, and the Grier Lumber Co. and others, against Walter O. Phelan and wife. The three cases were consolidated for trial by stipulation of counsel; there were judgments for plaintiffs in each case and defendants bring error. The material facts are stated in the opinion.

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Error to the District Court, Laramie County; Hon. William C. Mentzer, Judge. Action for the enforcement of a mechanic’s lien by the Cheyenne Brick Co. and others, Frank A. Roedel and others, and the Grier Lumber Co. and others, against Walter O. Phelan and wife. The three cases were consolidated for trial by stipulation of counsel; there were judgments for plaintiffs in each case and defendants bring error. The material facts are stated in the opinion. The cases were consolidated for error proceedings and are discussed in one brief; the amended petition in the Roedel case did not allege the…

1Opinion of the Court

Burgess, District Judge.

These are three cases brought here by proceedings in error from the District Court in and for Laramie County, Wyoming, by Walter Q. Phelan and Helen C. Phelan, defendants below, -to review three judgments fixing and adjudging liens upon certain premises owned by them and providing for the sale thereof for the satisfaction of the liens. By reason of the rise of these cases out of the same general transaction, the identity of some questions and the similarity of others, in all three, they were, by stipulation of counsel, though separate suits, consolidated for trial in…

Also in this document: Concurrence.

2Cases cited4 opinions

  1. Steinmann v. StrimpleMissouri Court of Appeals · 1888
  2. E. D. Metcalf Co. v. GilbertWyoming Supreme Court · 1911
  3. Becker v. HopperWyoming Supreme Court · 1914
  4. Hydraulic Press Brick Co. v. GreenMissouri Court of Appeals · 1914

3Cited by13 opinions

  1. Eblen v. EblenWyoming Supreme Court · 1951
  2. Castor v. RiceWyoming Supreme Court · 1953
  3. Edwards v. WillsonWyoming Supreme Court · 1923
  4. KM Upstream, LLC v. Elkhorn Construction, Inc.Wyoming Supreme Court · 2012
  5. Brown v. Citizens' Nat. Bank of CheyenneWyoming Supreme Court · 1928

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