Wyoming National Bank v. Brown
Wyoming Supreme Court
On petition for rehearing. For former opinion, see 7 Wyo., 494. When the provision of the constitution as to impairing the obligation of contracts is invoked for the protection of a judgment creditor, the courts look beyond the judgment to the original cause of action, to determine whether or not the obligation is a contract obligation, and, therefore, beyond the power of the Legislature to impair, (Scarborough v. Dugan, 10 Cal., 305; Weaver v. Lapsley, 43 Ala., 224;…
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On petition for rehearing. For former opinion, see 7 Wyo., 494. When the provision of the constitution as to impairing the obligation of contracts is invoked for the protection of a judgment creditor, the courts look beyond the judgment to the original cause of action, to determine whether or not the obligation is a contract obligation, and, therefore, beyond the power of the Legislature to impair, (Scarborough v. Dugan, 10 Cal., 305; Weaver v. Lapsley, 43 Ala., 224; Sprottv. Reid, 3 Greene, 489; Freeland v. Williams, 131 U. S., 405.) It is therefore submitted that the contract lends its…
1Opinion of the Court
Potter, Chief Justioe.
The plaintiff has applied for a rehearing in this case. The points urged in counsel’s brief are practically the same as those insisted on at the original hearing; and they were then fully considered by the court, although the opinion may not have specifically referred to them. Upon a careful review of the questions involved and an examination of the cases cited by counsel in his present brief, we are satisfied with the correctness of the conclusions already announced. (7 Wyo., 494). By the great preponderance and weight of authority a judgment is not a contract within…
2Cases cited3 opinions
- Morley v. Lake Shore & Michigan Southern Railway Co.Supreme Court of the United States · 1892
- McDonald v. . DicksonSupreme Court of North Carolina · 1882
- Wyoming National Bank v. BrownWyoming Supreme Court · 1898
3Cited by6 opinions
- Pure Gas & Chemical Company v. CookWyoming Supreme Court · 1974
- Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.Idaho Supreme Court · 1934
- Palmer v. LabereeWashington Supreme Court · 1900
- Stanford v. CoramMontana Supreme Court · 1903
- Hot Springs County School District No. 1 v. Strube Construction Co.Wyoming Supreme Court · 1986
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