Legal Opinion

Honeycutt v. Nyquist

Wyoming Supreme Court

Decided November 3, 1903PublishedCited by 14 opinions

Error to the District Court, Albany County, PIon. Charles W. Bramel, Judge. Action by Nyquist, Petersen & Co. against J. V. Honey-cutt and another to recover a money judgment. The plaintiff sued out an attachment at the commencement of the action, and recovered a judgment against defendant Honeycutt, who thereupon prosecuted error. The material facts are stated in the opinion.

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Error to the District Court, Albany County, PIon. Charles W. Bramel, Judge. Action by Nyquist, Petersen & Co. against J. V. Honey-cutt and another to recover a money judgment. The plaintiff sued out an attachment at the commencement of the action, and recovered a judgment against defendant Honeycutt, who thereupon prosecuted error. The material facts are stated in the opinion. The attachment was secured on the ground of the non-residence of the defendant, and yet the summons was served at his usual place of residence. The defendant cannot be held a non-resident so as to authorize attachment,…

1Opinion of the Court

Potter, Justice.

The defendants in error brought this suit in the District Court for Albany County against J. V. Honeycutt and Ellis Robb upon two causes of action to recover a money judgment. The first cause of action was founded upon an account stated, and the second upon an account for goods sold and delivered. A writ of attachment- was sued out at the commencement of the action and certain personal prop erty was levied on, consisting generally of horses, wagons and property belonging to a grading outfit. The sheriff’s return upon the summons showed that service thereof upon defendant…

2Cases cited12 opinions

  1. Baisley v. BaisleySupreme Court of Missouri · 1893
  2. Campbell v. WhiteMichigan Supreme Court · 1871
  3. Kronski v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
  4. Inverarity v. StowellOregon Supreme Court · 1882
  5. Wood v. RoederNebraska Supreme Court · 1895

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3Cited by14 opinions

  1. Gravelin v. PorierMontana Supreme Court · 1926
  2. Zobel v. ZobelCalifornia Supreme Court · 1907
  3. United Mine Workers of America, Local 1972 v. Decker Coal Co.Wyoming Supreme Court · 1989
  4. Chaplin v. Superior CourtCalifornia Court of Appeal · 1927
  5. State Ex Rel. Sheehan v. District Court of the Fourth Judicial District Ex Rel. Johnson CountyWyoming Supreme Court · 1967

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