W. S. Dickey C. M. Co. v. Bullock
Wyoming Supreme Court
ERROR to the District Court, Big Horn-County; Hon. Percy W. Metz, Judge. Action by Walter S. Dickey, et al., trustees, doing business as W. S. Dickey Clay Manufacturing Company against Wm. P. Bullock and Bench Canal Drainage District, for the recovery of the cost of labor and material furnished a contractor in the performance of drainage construction for defendants.
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ERROR to the District Court, Big Horn-County; Hon. Percy W. Metz, Judge. Action by Walter S. Dickey, et al., trustees, doing business as W. S. Dickey Clay Manufacturing Company against Wm. P. Bullock and Bench Canal Drainage District, for the recovery of the cost of labor and material furnished a contractor in the performance of drainage construction for defendants. From a ruling and decision sustaining a demurrer to the petition and judgment for defendant, plaintiff brings error. The court below erred in sustaining a demurrer tó plaintiff’s petition. Facts are alleged therein bringing the…
1Opinion of the Court
Kimball, Justice.
The question for consideration requires a construction of sections 4888 and 4889, Wyo. C. S. 1920, which, with the *267preceding section (§4887), were enacted in 1909, and appear as Chapter 78, Session Laws of 1909.
Certain of the provisions of section 4887 were held, in George Bolln Co. v. Irrigation Co., 19 Wyo. 542, 121 Pac. 22, 39 L. R. A. (N. S.) 868, to he unconstitutional. The case at bar presents no question requiring a consideration of that section, except that, as each of the three sections of the act was intended evidently to apply to the same class of “owners,” we may…
2Cases cited7 opinions
- Bayou Meto Drainage District v. ChaplineSupreme Court of Arkansas · 1920
- Board of Directors v. Bodkin Bros.Tennessee Supreme Court · 1902
- Daniels v. StateIndiana Supreme Court · 1898
- George Bolln Co. v. North Platte Valley Irrigation Co.Wyoming Supreme Court · 1912
- Sallee v. Bank of CorningSupreme Court of Arkansas · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Mares v. StateWyoming Supreme Court · 1972