Evans v. Cheyenne Cement Stone & Brick Co.
Wyoming Supreme Court
Error to the • District Court, Laramie County; Hon. Charles E. Carpenter, Judge. Heard on motion to dismiss. The material facts are stated In the opinion. , ' • On an appeal from a joint judgment all parties affected by the judgment are necessary parties, and the failure to bring in such necessary parties is jurisdictional. (2 Cyc., 763, 764, 785; 4 Ency.
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Error to the • District Court, Laramie County; Hon. Charles E. Carpenter, Judge. Heard on motion to dismiss. The material facts are stated In the opinion. , ' • On an appeal from a joint judgment all parties affected by the judgment are necessary parties, and the failure to bring in such necessary parties is jurisdictional. (2 Cyc., 763, 764, 785; 4 Ency. L- & P. 114; Maytin v. Vela, 216 U. S. 598, 54 L. Ed., 632 ;■ Hardee v. Wilson, 146 U. S. 179, 36 R. Ed-933; Roveless v. Ransom, 107 Fed. 626; Sipperly v. Smith, 155 U. S. 84, 39 R. Ed. 79; Ayres v. Polsdorfer, 105 Fed. 737; Owings v.…
1Opinion of the Court
Potter, Justice.
The petition in error in this case was filed in the name of David P. Evans as plaintiff in error against the Cheyenne Cement Stone and Brick Company, a corporation, as defendant in error, and complains of a judgment recovered in the District Court for Laramie County against the plaintiff in error by the defendant in error. A motion to dismiss was filed by the defendant in error on the ground that the judgment complained of is a joint judgment against the plaintiff in error and one Albert Chapman, and that the latter did not join in the motion for new trial in the court below,…
2Cases cited14 opinions
- Estis v. TrabueSupreme Court of the United States · 1888
- Thomas v. PriceSupreme Court of Georgia · 1892
- Cline v. MitchellWashington Supreme Court · 1890
- The New YorkCourt of Appeals for the Sixth Circuit · 1900
- Hudson v. GrafflinCourt of Appeals for the Fourth Circuit · 1896
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3Cited by24 opinions
- State v. SpearsWyoming Supreme Court · 1956
- State v. TeeterNevada Supreme Court · 1948
- State v. SullivanIdaho Supreme Court · 1921
- Murdock v. StateWyoming Supreme Court · 1960
- Harvey v. StateWyoming Supreme Court · 1979
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