Legal Opinion · Concurrence

United States Fidelity & Guaranty Co. v. Parker

Wyoming Supreme Court

Decided February 17, 1912No. 651Published

Prror -to the District Court, Sheridan County; HoN. Carroll PI. ParmeleE, Judge. The material facts are stated in the opinion. The probate law of Montana and Wyoming having been taken from California the decisions of the Supreme Court of that state are peculiarly applicable to probate proceedings in the courts of Montana and Wyoming. The questions raised in this case, it is believed, have been definitely and finally settled by the Supreme Court of California.

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Prror -to the District Court, Sheridan County; HoN. Carroll PI. ParmeleE, Judge. The material facts are stated in the opinion. The probate law of Montana and Wyoming having been taken from California the decisions of the Supreme Court of that state are peculiarly applicable to probate proceedings in the courts of Montana and Wyoming. The questions raised in this case, it is believed, have been definitely and finally settled by the Supreme Court of California. The record of the judgment recovered in Rosebud County in Montana set forth in the petition is not binding upon the defendant surety…

1Concurrence

Potter, Justice.

(Concurring.) The questions involved are important, and the one relating to the jurisdiction of a district court of this state to entertain the action at all does not seem to have been decided in any case presenting the same facts, but there are several reported cases which by analogy are in point, and suggest the principle upon which the jurisdiction may and ought to be sustained. I desire, therefore, to record as briefly as possible some of the reasons for my concurrence,, though I do not understand that my views differ in any material respects from those of either of my…

2Cases cited8 opinions

  1. McNamara v. DwyerNew York Court of Chancery · 1838
  2. Colbert v. DanielSupreme Court of Alabama · 1858
  3. Mitchell v. KellySupreme Court of Kansas · 1910
  4. Carpenter v. SolomanCourt of Appeals of Texas · 1889
  5. Greenhood v. GreenhoodSupreme Court of Alabama · 1904

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