Dobson v. Owens
Wyoming Supreme Court
ERROR to District Court for Weston County. HoN. W. S. Metz, Judge. . ActioN for tbe recovery of specific personal property. Tbe material facts axe stated, in the opinion. : Tbe second defense in tbe answer omits many allegations necessary-to complete tbe defense of justification. It does not show that any command or authority was given to defendant in' the writ of attachment.
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ERROR to District Court for Weston County. HoN. W. S. Metz, Judge. . ActioN for tbe recovery of specific personal property. Tbe material facts axe stated, in the opinion. : Tbe second defense in tbe answer omits many allegations necessary-to complete tbe defense of justification. It does not show that any command or authority was given to defendant in' the writ of attachment. A plea of justification must show not only a valid writ, but that it was in full force at the time of seizure, that the money upon which the writ was issued is still unpaid, and that the officer pursued his authority in…
1Opinion of the Court
POTTER, JuSTICE.
The petition in error in this case complains of a judgment rendered by the district court of Weston County on the 6th day of April, A. D. 1894,.and several errors are assigned, one ■only of which is insisted upon. None of the evidence is before *327us, except an alias writ of attachment, which was admitted in evidence over the objection of the plaintiff, but we cannot consider that objection in the absence of the other evidence; this is perhaps conceded inasmuch as counsel for plaintiff in error in his brief, there having been no oral argument, discusses but the one assignment of…
2Cited by3 opinions
- Larkin v. Saltair Beach Co.Utah Supreme Court · 1905
- Benedict v. Citizens National Bank of CasperWyoming Supreme Court · 1931
- Bowman v. MaySupreme Court of Colorado · 1937