Wyoming National Bank v. Dayton
Wyoming Supreme Court
Error to the Second District Court for Albany county. A full statement of the case is contained in the opinion of the court, except as to the charge to the jury in the district court, which was as follows: At the request of the defendant, the court charged the jury that: 1. To entitle the plaintiff to recover in this action, he must establish, by a preponderance of evidence, two facts: First, that the Wyoming National Bank was entitled to the immediate possession of the wood…
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Error to the Second District Court for Albany county. A full statement of the case is contained in the opinion of the court, except as to the charge to the jury in the district court, which was as follows: At the request of the defendant, the court charged the jury that: 1. To entitle the plaintiff to recover in this action, he must establish, by a preponderance of evidence, two facts: First, that the Wyoming National Bank was entitled to the immediate possession of the wood in question; and, Second, that the defendant, Dayton, was wrongfully detaining the same at the time this action was…
1Opinion of the Court
By the Court,
Blaib, J.:
This action was brought in the district court of Albany county, and the venue changed to *345the county of Carbon; a trial was had, verdict rendered and judgment entered thereon, at the September term, A. D. 1876.
It is brought here for review by the plaintiff below, who is now the plaintiff in error in this court. It appears, by the petition in this case, that the plaintiff in error instituted an action in replevin in the district court of Albany county, against the defendant in error, to recover the possession of five hundred cords of wood. The petition alleges that the…
2Cases cited2 opinions
- Hamilton v. RussellSupreme Court of the United States · 1803
- Minturn v. BurrCalifornia Supreme Court · 1862
3Cited by2 opinions
- Marshall v. RuggWyoming Supreme Court · 1896
- Hester v. SmithWyoming Supreme Court · 1895