Cheeseman v. Fenton
Wyoming Supreme Court
ERROR to the District Court, Big- Horn County, Hok. Joseph L. Stotts, Judge. Replevin. The facts are stated in the opinion. Civil actions before justices of the peace must be commenced by summons or by appearance and agreement of the parties without summons. (R. S. 1899, Sec. 4331.) In the absence of a summons or the submission by pleading, there is no action and there can be no judgment.
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ERROR to the District Court, Big- Horn County, Hok. Joseph L. Stotts, Judge. Replevin. The facts are stated in the opinion. Civil actions before justices of the peace must be commenced by summons or by appearance and agreement of the parties without summons. (R. S. 1899, Sec. 4331.) In the absence of a summons or the submission by pleading, there is no action and there can be no judgment. (Eenosio v. Bartilino, 7 S. Dak., 93; Lester v. Crairy, 1 Denio, 81; Tenny v. Filer, 8 Wend., 569 ; Fanning v. Trowbridge, 5 Hill, 428.) Where a writ of attachment is issued at the commencement of the action…
1Opinion of the Court
Potter, Chiee Justice.
This is an action of replevin brought in the District Court, Big Horn County, for the possession of four cows described iu the petition. The suit was brought by Harris E. Cheese-man against John J. Fenton, sheriff of Big Horn County; William Arnold, a deputy sheriff, and Joseph Cline. The petition alleges that the plaintiff is the owner and entitled to the immediate possession of the property, and that the same is wrongfully, illegally and fraudulently detained by the de-. fendant Arnold. The answer is a general denial. Upon the trial of the action before the court…
Also in this document: Concurrence.
2Cases cited11 opinions
- Thornburgh v. HandCalifornia Supreme Court · 1857
- Bogert v. PhelpsWisconsin Supreme Court · 1861
- Brichman v. RossCalifornia Supreme Court · 1885
- Mathews v. DensmoreMichigan Supreme Court · 1880
- James v. Van DuynWisconsin Supreme Court · 1878
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3Cited by4 opinions
- Carroll v. AndersonWyoming Supreme Court · 1923
- Edel v. McKenzieSupreme Court of Kansas · 1923
- Moriund v. JohnsonMissouri Court of Appeals · 1910
- State v. Eleven Thousand Three Hundred Forty-Six Dollars & No Cents in United States CurrencyWyoming Supreme Court · 1989