Ward v. Rees
Wyoming Supreme Court
Erkor to the District Court, Uinta County, HoN. David H. Craig, Judge. David Rees, against whom a judgment had been rendered by a justice of the peace, commenced this action in the District Court, asking the aid of the court by injunction to restrain John Ward, the sheriff of the county, from levying an execution issued upon such judgment.
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Erkor to the District Court, Uinta County, HoN. David H. Craig, Judge. David Rees, against whom a judgment had been rendered by a justice of the peace, commenced this action in the District Court, asking the aid of the court by injunction to restrain John Ward, the sheriff of the county, from levying an execution issued upon such judgment. The cause of complaint was that certain of the costs taxed for witness fees and mileage, and for the attendance of the justice, were illegal and not authorized by law. The petition was demurred to as not stating sufficient facts to constitute a cause of…
1Opinion of the Court
Corn, Chief Justice.
This was a suit brought to enjoin the levy of an execution. A temporary' injunction was allowed, a demurrer to the petition was overruled and, the plaintiff in error refusing to plead further, there was a judgment by the District Court that the injunction be made perpetual. The original judgment upon which the execution issued was rendered by a justice of the peace and the complaint of the petition is that certain costs, taxed by the justice and included in the judgment, are illegal. The defendant in error tendered the principal amount of the judgment and the costs…
2Cases cited6 opinions
- Allen v. WoodsonTexas Supreme Court · 1884
- Abbott v. MathewsMichigan Supreme Court · 1872
- Lockart v. StucklerTexas Supreme Court · 1878
- Peoria & Bureau Valley Railroad v. BryantIllinois Supreme Court · 1854
- Taylor v. DanielCourt of Appeals of Kentucky · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Rialto Theatre, Inc. v. Commonwealth Theatres, Inc.Wyoming Supreme Court · 1986
- Willoughby v. SummersSupreme Court of Oklahoma · 1917
- Rialto Theatre, Inc. v. Commonwealth Theatres, Inc.Wyoming Supreme Court · 1986