Legal Opinion

Eggart v. Dunning

Wyoming Supreme Court

Decided May 7, 1907PublishedCited by 4 opinions

Error to the District Court, Sheridan County, HoN. Charles E. Carpenter, Judge. H. C. Dunning sued W. M. Eggart in justice court in Sheridan County to recover a money judgment. After rendition of judgment for plaintiff the defendant sought to appeal to the District Court. The appeal was dismissed by the latter court for the failure of the appellant to file with the justice a written notice of his desire to appeal. The appellant thereupon prosecuted proceedings in error.

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Error to the District Court, Sheridan County, HoN. Charles E. Carpenter, Judge. H. C. Dunning sued W. M. Eggart in justice court in Sheridan County to recover a money judgment. After rendition of judgment for plaintiff the defendant sought to appeal to the District Court. The appeal was dismissed by the latter court for the failure of the appellant to file with the justice a written notice of his desire to appeal. The appellant thereupon prosecuted proceedings in error. The material facts are stated in the opinion. The appeal from the justice was perfected on filing the bond provided for in…

1Opinion of the Court

Scott, Justice.

This was an action on account, originally tried in a justice court of Sheridan County. Judgment was rendered for the defendant in error, who was the plaintiff, against the plain*489tiff in error, who was the defendant below. From such judgment the plaintiff in error appealed to the District Court of Sheridan County. Defendant in error appeared specially and moved to dismiss the appeal, which motion was granted and the court directed the case to be certified back to the justice court for enforcement of its judgment in accordance with the statute in such case made and provided. From…

2Cases cited2 opinions

  1. Burns v. Chicago, Burlington & Quincy Railway Co.Wyoming Supreme Court · 1906
  2. Italian-Swiss Agricultural Colony v. BartagnolliWyoming Supreme Court · 1900

3Cited by4 opinions

  1. Public Service Commission v. RussellWyoming Supreme Court · 1937
  2. Gose v. City of DouglasWyoming Supreme Court · 2009
  3. Jones v. KaanWyoming Supreme Court · 1927
  4. Davis, Et Vir v. BattleSupreme Court of Florida · 1938

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