Tutty v. Ryan
Wyoming Supreme Court
Ekror to the District Court, Crook County, Hon. Joseph L. Stotts, Judge. The action was brought by George W. Tutty against J. C. Ryan, A. L. Ripley and J. W. Rogers upon an injunction bond. From a judgment dismissing the action plaintiff prosecuted error. The facts are stated in the opinion.
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Ekror to the District Court, Crook County, Hon. Joseph L. Stotts, Judge. The action was brought by George W. Tutty against J. C. Ryan, A. L. Ripley and J. W. Rogers upon an injunction bond. From a judgment dismissing the action plaintiff prosecuted error. The facts are stated in the opinion. The objection that the action was prematurely brought should have been raised by answer rather than by plea in abatement, because tire common law plea in abatement has been abolished by the codes. (Honeycutt v. Nyquist (Wyo.), 74 Pac., 90.) It may he assumed, however, for the purpose of the argument that…
1Opinion
ON petition Eor rehearing.
Potter, Justice.
Plaintiff in error has filed a petition for rehearing. The chief contention now is that as the proceedings in error for the review of the judgment in the suit wherein the undertaking sued on was given were not instituted until after the commencement of this action on the undertaking, a right of action existed when suit was commenced and, instead of dismissing the action, the court should merely have suspended further proceedings until the determination of the error proceedings.
We need not consider whether the court might in its discretion have ordered…
2Cases cited4 opinions
- City of Chicago v. BabcockIllinois Supreme Court · 1892
- Carpenter v. BellThe Superior Court of New York City · 1863
- Town of Harwinton v. CatlinSupreme Court of Connecticut · 1849
- Peck v. HotchkissNew York Supreme Court · 1874