State ex rel. First National Bank of Laramie v. District Court of Albany County
Wyoming Supreme Court
Application for writ of prohibition. The application was made upon the relation of the First National Bank of Laramie against the District Court of the Second Judicial District in and for Albany County and others, to restrain further proceeding's under the appointment of a receiver in a proceeding in aid of execution instituted by Morris E. Stowers, a judgment creditor, against Bird Bros., a partnership.
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Application for writ of prohibition. The application was made upon the relation of the First National Bank of Laramie against the District Court of the Second Judicial District in and for Albany County and others, to restrain further proceeding's under the appointment of a receiver in a proceeding in aid of execution instituted by Morris E. Stowers, a judgment creditor, against Bird Bros., a partnership. The receiver had taken possession of real and personal property covered by alleged mortgages held by the relator, and an order had been made for the sale of certain cattle covered by…
1Opinion of the Court
Corn, Chief Justice.
This is a petition for a writ of prohibition — a proceeding originating in this court — and the circumstances of the litigation out of which it arises are sufficiently stated in the case of First National Bank et al. v. Alfred Cook, as Receiver, et al., 76 Pac., 674, recently decided by this court upon proceedings in error. The matter is presented upon a demurrer to the petition, alleging that it fails to state facts sufficient to constitute a cause of action.
It is urged, among other things, in support of the demurrer, that it does not appear from the allegations of the…
2Cases cited7 opinions
- St. Louis, Kennett & Southern Railroad v. WearSupreme Court of Missouri · 1896
- State ex rel. St. Louis & Kirkwood Railroad v. HirzelSupreme Court of Missouri · 1897
- First National Bank of Laramie v. CookWyoming Supreme Court · 1904
- State ex rel. Bank of Chadron v. District Court of Weston CountyWyoming Supreme Court · 1895
- Barnes v. GottschalkMissouri Court of Appeals · 1876
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3Cited by3 opinions
- State ex rel. Poston v. District Court of Eighth Judicial District, Fremont CountyWyoming Supreme Court · 1924
- State Ex Rel. Spriggs v. District Court of the Seventh Judicial District Ex Rel. County of FremontWyoming Supreme Court · 1956
- State ex rel. First National Bank v. District Court of Albany CountyWyoming Supreme Court · 1904