Legal Opinion

Noble & Carmody v. Hudson

Wyoming Supreme Court

Decided April 13, 1912No. 656PublishedCited by 6 opinions

Error to the District Court, Fremont County; Hon. Charles E. Carpenter, Judge. The action was for trespass and was brought by Noble & Carmody, a partnership, in the partnership name, against Frank L. Hudson. From a judgment for the defendant the plaintiff brought error. The material' facts are stated in the opinion. The action was properly brought in the partnership name, without stating the individual names of the partners. (Comp.

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Error to the District Court, Fremont County; Hon. Charles E. Carpenter, Judge. The action was for trespass and was brought by Noble & Carmody, a partnership, in the partnership name, against Frank L. Hudson. From a judgment for the defendant the plaintiff brought error. The material' facts are stated in the opinion. The action was properly brought in the partnership name, without stating the individual names of the partners. (Comp. Stat. 19x0, sec. 4329.) The court improperly excluded the evidence offered by the plaintiff to show that the land was leased for its benefit and that it was in…

1Opinion of the Court

Potter, Justice-.

This is a suit brought to recover damages for an alleged trespass upon lands described in the petition. The trial court directed a verdict for the defendant, and the case is here on error. The suit was brought by Noble & Carmody, a partnership, in the firm name, as authorized by section 4329, Compiled Statutes (R. S. 1899, sec. 3485), which provides that a partnership formed for the purpose of carrying on trade or business in this state, or holding property therein, may sue or be sued by the partnership name, without alleging or proving the names of the individual members…

2Cases cited19 opinions

  1. Riddle v. WhitehillSupreme Court of the United States · 1890
  2. Mitchell v. . ReadNew York Court of Appeals · 1881
  3. Henderson v. ColemanWyoming Supreme Court · 1911
  4. Clay v. City of St. AlbansWest Virginia Supreme Court · 1897
  5. Foster Lumber Co. v. Arkansas Valley & W. Ry. Co.Supreme Court of Oklahoma · 1908

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3Cited by6 opinions

  1. TZ Land & Cattle Co. v. CondictWyoming Supreme Court · 1990
  2. Ruby Drilling Co., Inc. v. BillingslyWyoming Supreme Court · 1983
  3. Harmony Ditch Co. v. SweeneyWyoming Supreme Court · 1924
  4. Skane v. Star Valley Ranch Ass'nWyoming Supreme Court · 1992
  5. Kisciras v. MerrittWyoming Supreme Court · 1931

1 more not listed; retrieve them via the Exa API.

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