Mosher v. Board of County Commissioners
Wyoming Supreme Court
Error to the District Court of Uinta County. The facts are stated in the opinion. The court erred in undertaking to render a final judgment on the merits upon the defendant’s motion for a dismissal. Freeman on Judgments, secs. 261, 262; Homer v. Brown, 16 How., 354; Bridge v. Sumner, 1 Pick., 371; Morgan y. Bliss, 2 Mass., 113; Berly v. Jacques, 1 Clifford, 425; Knox v. Waldoborough, 5 Me., 185; Howes y.
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Error to the District Court of Uinta County. The facts are stated in the opinion. The court erred in undertaking to render a final judgment on the merits upon the defendant’s motion for a dismissal. Freeman on Judgments, secs. 261, 262; Homer v. Brown, 16 How., 354; Bridge v. Sumner, 1 Pick., 371; Morgan y. Bliss, 2 Mass., 113; Berly v. Jacques, 1 Clifford, 425; Knox v. Waldoborough, 5 Me., 185; Howes y. Austin, 35 Ills., 396; Hollard v. Hatch, 15 Ohio, sec. 464. The plaintiff has a right to take a non-suit or dismissal without prejudice at any time before verdict. Common Laws of Wyo., page…
1Opinion of the CourtSener, C. J.
This case comes here on a writ of error from Uinta county, and was heard by the court at its last term on the motion of the defendant in error to dismiss, and upon the merits.
The facts are these: In 1876 the plaintiff in error paid the defendant in error $279.81 as a tax on railroad ties which he supposed he owned, and which the defendánts in error claimed that he did own and should pay a tax on, and this was really the issue below; but which the plaintiff in error claims really belonged to other parties, and this the defendants in error put in issue by their general denial below, the case…
2Cited by2 opinions
- Big Goose & Beaver Ditch Co. v. MorrowWyoming Supreme Court · 1899
- Maunsell v. YonkeeWyoming Supreme Court · 1934