Pioneer Canal Co. v. Akin
Wyoming Supreme Court
Error to the District Court, Laramie County; HoN. RODERICK N. Matson, Judge. On rehearing on motions to quash service and dismiss. For former opinion, see 23 Wyo. 75, 147 Pac. 169, which is overruled. In that report will be found an abstract of the briefs on the original hearings had on the motions. The motions should not have been sustained upon the authority alone of Bechtold v. Fisher, 12 O. Cir.
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Error to the District Court, Laramie County; HoN. RODERICK N. Matson, Judge. On rehearing on motions to quash service and dismiss. For former opinion, see 23 Wyo. 75, 147 Pac. 169, which is overruled. In that report will be found an abstract of the briefs on the original hearings had on the motions. The motions should not have been sustained upon the authority alone of Bechtold v. Fisher, 12 O. Cir. Ct. 559. The decision appears to turn upon the expression “therein named” and we believe the interpretation placed thereon is not justified by the statute. We believe it refers to a day to be…
1Opinion of the Court
Potter, Chief Justice.
On the petition of plaintiffs in error, a rehearing was granted in this cause upon the motions of the Wyoming Development Company, one of the defendants in error, to quash the service of the summons and dismiss'the proceedings in error, and the two motions have again been submitted. It was held by the former opinion that the motions should be sustained and the proceedings in error dismissed as to said defendant in error. (147 Pac. 169.) Upon reconsideration we have reached a different conclusion. The motions raise an important question of practice affecting the appellate…
Also in this document: Concurrence.
2Cases cited20 opinions
- Wedd v. GatesSupreme Court of Oklahoma · 1905
- Thompson v. Wheeler & Wilson Manufacturing Co.Supreme Court of Kansas · 1883
- Kilgore v. YarnellSupreme Court of Oklahoma · 1909
- School Dist. No. 39, Kiowa Cty. v. FisherSupreme Court of Oklahoma · 1909
- Clause v. Columbia Savings & Loan Ass'nWyoming Supreme Court · 1908
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3Cited by1 opinion
- Pioneer Canal Co. v. AkinWyoming Supreme Court · 1920