Price v. Bonnifield
Wyoming Supreme Court
Error to the District Court of Laramie County. The action in the court below was instituted by Wesley B. Bonnifield, the plaintiff, to recover of George F. Price, the defendant, a sum of money alleged to be due upon a decree and judgment of the district court of the 9th judicial district of the state of California. The defendant answered: First. — A general denial. Second. — That the action was barred by the laws of California.
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Error to the District Court of Laramie County. The action in the court below was instituted by Wesley B. Bonnifield, the plaintiff, to recover of George F. Price, the defendant, a sum of money alleged to be due upon a decree and judgment of the district court of the 9th judicial district of the state of California. The defendant answered: First. — A general denial. Second. — That the action was barred by the laws of California. Third. — A judgment recovered in the district court of the 1st judicial district of Wyoming Territory in favor of the defendant, for the same cause of action alleged…
1Opinion of the CourtPeck, J.
Bonnifield sued Price, and one Tyson in November, 1873, in the first district court, upon a judgment alleged in the petition to have been obtained by him in California against them in 1861. It appeared by the petition, that the suit was instituted more than five years after the rendition of the original judgment.
The territorial statute of December 10, 1869, in force at the commencement of the action, at sections 14, 19 and 28, declared that an action upon a judgment should be commenced within five years from the accruing of the cause, allowing a suspension in case of absence,- absconding and *84c…
2Cases cited1 opinion
- Bonnifield v. PriceWyoming Supreme Court · 1874
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