Bertagnolli Bros. v. Bertagnolli
Wyoming Supreme Court
Error to the District Court, Sweetwater County; Hon. David H. Craig, Judge. Action upon a promissory note. Defendants who were in default filed a demurrer out of time and while the same was pending undisposed of, the Clerk, upon application of plaintiff, entered a default judgment against defendants pursuant to the provisions of Section 4456, Comp. Stats. 1910. From an order overruling their motion for a new trial, defendants prosecute error.
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Error to the District Court, Sweetwater County; Hon. David H. Craig, Judge. Action upon a promissory note. Defendants who were in default filed a demurrer out of time and while the same was pending undisposed of, the Clerk, upon application of plaintiff, entered a default judgment against defendants pursuant to the provisions of Section 4456, Comp. Stats. 1910. From an order overruling their motion for a new trial, defendants prosecute error. The Clerk was without authority to decide as to the standing or merits of the demurrer. No such authority is delegated by Comp. Stats. 1910, Section…
1Opinion of the Court
Potter, Chief Justice.
This is an action on a written contract for the payment of money only, brought in the District Court in Sweetwater County by Mike Bertagnolli against Bertagnolli Biros., a domestic copartnership, and Phillip Bertagnolli. The petition was filed June 26, 1912, and a summons was issued on the same da)»- properly made returnable July 8, 1912, and *233requiring-the petition.to be answered on or before July 27, 1912, that being the third Saturday after the return day of-the summons. No question is here raised as to the sufficiency of the summons or the service thereof. Judgment…
2Cases cited25 opinions
- Tregambo v. Comanche Mill & Mining Co.California Supreme Court · 1881
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- Hunt v. WrightMississippi Supreme Court · 1892
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- Lunnun v. MorrisCalifornia Court of Appeal · 1908
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