Fillmore v. Union Pacific Railroad
Wyoming Supreme Court
Ebbob to tbe District Court of Laramie County This case was originally commenced by petition of the Union Pacific Railroad Company, defendant in error, filed in tbe district court of tbe second judicial district of Wyoming Territory, Albany county, on tbe 28th day of September, 1875, praying judgment against Fillmore, plaintiff in error, on account of freight, rent, etc., for tbe sum of $583.59 and interest thereon from November 1st, 1872, at 12 per cent, per annum.
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Ebbob to tbe District Court of Laramie County This case was originally commenced by petition of the Union Pacific Railroad Company, defendant in error, filed in tbe district court of tbe second judicial district of Wyoming Territory, Albany county, on tbe 28th day of September, 1875, praying judgment against Fillmore, plaintiff in error, on account of freight, rent, etc., for tbe sum of $583.59 and interest thereon from November 1st, 1872, at 12 per cent, per annum. And thereafter, on the 28th clay of October, A. d. 1875, the defendant, Luther Fillmore, now plaintiff in error, filed in said…
1Opinion of the CourtPeck, J.
The claim set up in the petition brought by the plaintiff below, the defendant here, was admitted upon the trial in the district court; and the only issue there tried was raised by the answer, which alleged as a counterclaim, that the Company was indebted to Fillmore in $3,783.60, for 16,816 railroad cross-ties, sold and delivered by him to it, on or about May 1, 1872, at 22£ cents a tie, and the reply which denied the sale. The issue gave to him the opening and closing of the proofs. The Company admitted that it purchased the ties at the time, but claimed that they belonged to E. W. Bennett,…
2Cited by5 opinions
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