Fast v. Whitney
Wyoming Supreme Court
Appeal from the District Court, Park County; Hon. E. C. Raymond, Judge. Action 'by James M. Fast and others against F.' A. Whitney and another to enjoin lessors from asserting a forfeiture of an oil lease and interfering with drilling operations of lessees. There was a judgment for defendants and plaintiffs appeal.
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Appeal from the District Court, Park County; Hon. E. C. Raymond, Judge. Action 'by James M. Fast and others against F.' A. Whitney and another to enjoin lessors from asserting a forfeiture of an oil lease and interfering with drilling operations of lessees. There was a judgment for defendants and plaintiffs appeal. The trial court, upon objections made by defendants to the introduction of evidence, ruled that the petition did not state a cause of action, dismissing plaintiff’s action and entering judgment for defendants; the action was for injunction; it is a proper remedy where a lessor…
1Opinion of the Court
PottRR, Justice.
This case is here on appeal. It is an action brought to enjoin the lessors from asserting a forfeiture of an oil lease and from interfering with the prosecution of drilling operations by excluding the lessees from the premises covered by the lease. The defendants having filed an answer and cross-petition, without previously objecting to the petition by demurrer or otherwise, interposed an objection on the trial to the introduction of any evidence by the plaintiffs on the ground that the petition does not state facts sufficient for a cause of action in favor of the plaintiffs…
Also in this document: Concurrence.
2Cases cited23 opinions
- Kain v. . LarkinNew York Court of Appeals · 1894
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- Sheridan v. City of SalemOregon Supreme Court · 1886
- Abbott v. . EastonNew York Court of Appeals · 1909
- Fleming Oil & Gas Co. v. So. Penn Oil Co.West Virginia Supreme Court · 1893
18 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Moncrief v. Louisiana Land & Exploration Co.Wyoming Supreme Court · 1993
- Anderson v. Hess Corp.Court of Appeals for the Eighth Circuit · 2011
- Terry v. Texas Co.Court of Appeals of Texas · 1920
- LeBar v. HaynieWyoming Supreme Court · 1976
- Solberg v. Sunburst Oil & Gas Co.Montana Supreme Court · 1925
20 more not listed; retrieve them via the Exa API.