Columbia Savings & Loan Ass'n v. Clause
Wyoming Supreme Court
ERROR to the District Court, Carbon County, HóN. David H. Craig, Judge. The action was brought by the Columbia Savings and Loan Association against James H. Clause, administrator of the estate of Robert O’Melia, deceased, upon a written contract of the decedent for the payment of money.
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ERROR to the District Court, Carbon County, HóN. David H. Craig, Judge. The action was brought by the Columbia Savings and Loan Association against James H. Clause, administrator of the estate of Robert O’Melia, deceased, upon a written contract of the decedent for the payment of money. Upon sustaining a demurrer to the second amended petition, and striking a third amended petition from the files as not differing in substance or effect from the preceding' petition, the action was ordered dismissed, and a judgment entered for defendant. The plaintiff brought error. The material facts are…
1Opinion of the Court
Potter, Justice.
In the District Court a demurrer to the second amended petition was sustained, and leave given to file another amended petition. The third amended petition was filed within the time allowed and was stricken from the files on motion of defendant on the ground that it did not differ in substance and effect from the preceding • petition, and did not cure the objection to that petition. Thereupon judgment for defendant was rendered on the demurrer, the action was dismissed and defendant awarded his costs. Alleging error *173in each of said orders, the plaintiff brings the case to this…
2Cases cited29 opinions
- Lambert v. Ensign Manuf'g Co.West Virginia Supreme Court · 1896
- McGrath v. CarrollCalifornia Supreme Court · 1895
- Huss v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
- Thames Loan & Trust Co. v. BevilleIndiana Supreme Court · 1885
- Lichtenberg v. McGlynnCalifornia Supreme Court · 1894
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3Cited by16 opinions
- Anderson v. Wyoming Development Co.Wyoming Supreme Court · 1944
- Hoke v. Motel 6 JacksonWyoming Supreme Court · 2006
- Denton v. DetweilerIdaho Supreme Court · 1929
- Clause v. Columbia Savings & Loan Ass'nWyoming Supreme Court · 1908
- Dolan v. BaldridgeWashington Supreme Court · 1931
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