Graham v. Culver
Wyoming Supreme Court
Error to district court, Laramie county. Action by Jeremiah Graham and Hannah Graham, his wife, against James M. Culver, Mowry A. Arnold, and John A. Martin, sheriff, to have a certain decree-declared void, and to restrain the execution of a writ of possession issued thereunder. A demurrer to plaintiffs’ petition was sustained, and they bring error.
1Opinion of the CourtConaway, J.
This case stands on demurrer to the amended petition. The demurrer sets up two grounds: ¿First, that the amended petition does not state facts sufficient to constitute a cause of action; and, second, that the amended petition shows on its face that the matters put in-controversy by it have already been adjudicated. It seems that the amended petition does state facts sufficient to-constitute a cause of action, and, for reasons which will be apparent.it is assumed that it does, unless for the reason that it shows a former adjudication of those facts. And this resolves the two grounds of…
2Cases cited15 opinions
- Fischli v. FischliIndiana Supreme Court · 1825
- Miller v. SherrySupreme Court of the United States · 1865
- Malloney v. . HoranNew York Court of Appeals · 1872
- Ulrich v. DrischellIndiana Supreme Court · 1882
- Bassett v. BassettAppellate Court of Illinois · 1886
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3Cited by5 opinions
- Clevenger v. FigleySupreme Court of Kansas · 1904
- Hennessy v. Chicago, B. & Q. Ry. Co.Wyoming Supreme Court · 1916
- Cena Plant v. CarpenterWashington Supreme Court · 1898
- Pace v. RobbinsSupreme Court of Arkansas · 1899
- Brickel v. Chicago, Burlington & Quincy RailroadDistrict Court, D. Wyoming · 1961