Snow v. Duxstad
Wyoming Supreme Court
ERROR to District Coitrt, Laramie County, William C. MentzUr, Judge. The material facts-are stated in the opinion. The bond was without consideration and is void. The surety was released by the judgment dismissing the divorce suit. Contracts of suretyship are strictly construed. A proceeding in error is a new suit and the bond here in. controversy cannot be extended to the consequences of a new suit.
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ERROR to District Coitrt, Laramie County, William C. MentzUr, Judge. The material facts-are stated in the opinion. The bond was without consideration and is void. The surety was released by the judgment dismissing the divorce suit. Contracts of suretyship are strictly construed. A proceeding in error is a new suit and the bond here in. controversy cannot be extended to the consequences of a new suit. The injunctional order would have fallen with the dismissal of the suit, and the bond which was given in lieu of the restraining order also fell at that time. The judgment of dismissal was not…
1Opinion of the Court
Potter, Chief Justice.
The judgment complained of was rendered in an action upon a bond signed by the plaintiff in error as surety with Louis Duxstad as principal, and given in a divorce action to secure the payment of alimony and counsel fees under the following circumstances: Anna Duxstad, plaintiff below and defendant in error here, brought an action for divorce against Louis Duxstad, filing her petition in the District Court of Laramie County, on May 8, 1906, and alleging in substance, in addition to the fact of the marriage of said parties and the facts stated to show jurisdiction and…
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