Tutty v. Ryan
Wyoming Supreme Court
Ekror to the District Court, Crook County, Hon. Joseph L. Stotts, Judge. The action was brought by George W. Tutty against J. C. Ryan, A. L. Ripley and J. W. Rogers upon an injunction bond. From a judgment dismissing the action plaintiff prosecuted error. The facts are stated in the opinion.
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Ekror to the District Court, Crook County, Hon. Joseph L. Stotts, Judge. The action was brought by George W. Tutty against J. C. Ryan, A. L. Ripley and J. W. Rogers upon an injunction bond. From a judgment dismissing the action plaintiff prosecuted error. The facts are stated in the opinion. The objection that the action was prematurely brought should have been raised by answer rather than by plea in abatement, because tire common law plea in abatement has been abolished by the codes. (Honeycutt v. Nyquist (Wyo.), 74 Pac., 90.) It may he assumed, however, for the purpose of the argument that…
1Opinion of the Court
I ’otter, J ustick.
This is a suit instituted in the District Court in and for Crook County, upon an undertaking given upon the allowance of a temporary restraining order in an action brought against the plaintiff in error herein by one J. C. Ryan, one of the defendants in error. The sole purpose of that action was to enjoin the diversion and use of certain springs, to the water of which as tributary to a certain stream the said Ryan claimed a prior appropriation.
Upon the final hearing of said injunction suit in the District Court, there was a general finding for the defendant therein, and it…
2Cases cited6 opinions
- Cohn v. LehmanSupreme Court of Missouri · 1887
- Musgrave v. . SherwoodNew York Court of Appeals · 1879
- Tullock v. MulvaneSupreme Court of Kansas · 1900
- Alaska Improvement Co. v. HirschCalifornia Supreme Court · 1897
- Jordan v. Agawam Woollen Co.Massachusetts Supreme Judicial Court · 1871
1 more not listed; retrieve them via the Exa API.
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