Minter v. Gose
Wyoming Supreme Court
Error to the District Court, Weston County, HoN. Joseph E. Stotts, Judge. This action was brought in the District Court by J. C. Minter against P. S. Gose, R. G. Gose, Thomas Gose, John Berry and A. W. Boyd, to recover damages for a trespass alleged to have been committed by the defendants upon certain lands of plaintiff. The facts are stated in the opinion. The petition states facts sufficient to constitute a cause of action.
Read the full summary
Error to the District Court, Weston County, HoN. Joseph E. Stotts, Judge. This action was brought in the District Court by J. C. Minter against P. S. Gose, R. G. Gose, Thomas Gose, John Berry and A. W. Boyd, to recover damages for a trespass alleged to have been committed by the defendants upon certain lands of plaintiff. The facts are stated in the opinion. The petition states facts sufficient to constitute a cause of action. Sections 3533, 3480, 3481 and 3456 are fully complied with. This being an action for trespass on land, the land should be described and ownership or possession in the…
1Opinion of the Court
Potter, Justice.
In this case the defendants demurred to the petition on the grounds that it does not state facts sufficient to constitute a cause of action, and that separate causes of action against several defendants are improperly joined. The demurrer was sustained, and the ruling excepted to. Thereupon, the plaintiff declined to plead further and stood on his petition, and judgment was entered in favor of defendants, dismissing the petition, and awarding defendants their costs. The plaintiff prosecutes error.
The action is one for damages for trespass on realty. The petition, after stating…
2Cases cited9 opinions
- Fitzpatrick v. GebhartSupreme Court of Kansas · 1871
- Larkin v. TaylorSupreme Court of Kansas · 1870
- Casey v. MasonSupreme Court of Oklahoma · 1899
- Cowenhoven v. City of BrooklynNew York Supreme Court · 1862
- Hammontree v. HuberMissouri Court of Appeals · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Mau v. StonerWyoming Supreme Court · 1906