Legal Opinion

Haney v. Welty

Wyoming Supreme Court

Decided February 7, 1917No. 871PublishedCited by 2 opinions

ERROR to the District Court, Platte County; Hon. William C. MentzEr, Judge. Action by E. B. Welty against E. A. Haney. Judgment for plaintiff and defendant brings error. The judgment rendered :by the justice more than 24 hours after the close of the trial is void. (Section 5250, Comp. Stats. 1910.) The section is mandatory. (Watson v. Davis, 19 Wend. (N. Y.) 371; Stevens v. Santee, 49 N. Y. 35; Catlin v. Rundell, 1 App.

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ERROR to the District Court, Platte County; Hon. William C. MentzEr, Judge. Action by E. B. Welty against E. A. Haney. Judgment for plaintiff and defendant brings error. The judgment rendered :by the justice more than 24 hours after the close of the trial is void. (Section 5250, Comp. Stats. 1910.) The section is mandatory. (Watson v. Davis, 19 Wend. (N. Y.) 371; Stevens v. Santee, 49 N. Y. 35; Catlin v. Rundell, 1 App. Div. 157, 37 N. Y. Supp. 979; Stewart v. Waite, 19 Kans. 218; Harrison v. Sager, 27 Mich. 426; Fox v. Meachem, 6 Neb. 531; Guthrie v. Humphrey, 7 Iowa 23; Eind v. Adams, 10…

1Opinion of the Court

Beard, Justice.

This action was commenced by the defendant in error against the plaintiff in error before a justice of the peace to recover $46.38 on account. The defendant in that court answered'and issue was joined and tried to the justice without a jury, resulting in a judgment in favor of plaintiff and against defendant for $34.00 and costs. From that judgment defendant appealed to the district court, and on trial before that .court without a jury the plaintiff recovered judgment against defendant and the surety on the undertaking on appeal for $47.93 and costs. Defendant brings error.

The…

Also in this document: Concurrence.

2Cases cited4 opinions

  1. Hart v. Carnall-Hopkins Co.California Supreme Court · 1894
  2. Seurer v. HorstSupreme Court of Minnesota · 1884
  3. Blakeley v. Le DucSupreme Court of Minnesota · 1876
  4. Finke v. LukensmeyerSupreme Court of Minnesota · 1892

3Cited by2 opinions

  1. Farmers' State Bank of Riverton v. JohnsonWyoming Supreme Court · 1927
  2. Jaramillo v. City of Green RiverWyoming Supreme Court · 1986

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