Legal Opinion

Greenawalt v. Natrona Improvement Co.

Wyoming Supreme Court

Decided December 28, 1907PublishedCited by 10 opinions

Error to the District Court, Natrona County, HoN. Charles E. CarpENTER, Judge. The facts are stated in the opinion. The court erroneously quashed the summons upon Earnest, since it complied with the statute requirements, and his appearance was general. (Honeycutt v. Nyquist, 12 Wyo., 183.) Actions for money judgment and foreclosure of lien may be joined. (2 Yaple’s Code Pi., 1102.) Without a showing, a default cannot be set aside.

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Error to the District Court, Natrona County, HoN. Charles E. CarpENTER, Judge. The facts are stated in the opinion. The court erroneously quashed the summons upon Earnest, since it complied with the statute requirements, and his appearance was general. (Honeycutt v. Nyquist, 12 Wyo., 183.) Actions for money judgment and foreclosure of lien may be joined. (2 Yaple’s Code Pi., 1102.) Without a showing, a default cannot be set aside. (Myer v. Kelly, 47 Pac., 1063.) A joint judgmentvmay be entered against defendants served and in default, though other defendants are not served. (9 Pac., 727; Lyon…

1Opinion of the Court

Scott, Justice.

This action was commenced in the district court of Na-trona County by Greenawalt, one of the plaintiffs in error, as plaintiff, against the Natrona Improvement Company et al., defendants in error, as defendants, to foreclose a mechanics’ lien. After the arnended petition, answer and reply had been filed, Hufman was permitted to file his petition of intervention. Thereafter a demurrer to Huf-man’s petition was filed, argued and submitted, and the court sustained the demurrer, to which ruling Hufman excepted; and no further or amended pleading was filed by him nor was the ruling…

2Cases cited14 opinions

  1. Gordon v. LittleNebraska Supreme Court · 1894
  2. Harden v. CardWyoming Supreme Court · 1906
  3. Sparklin v. Wardens & Vestrymen of St. James' ChurchIndiana Supreme Court · 1889
  4. North Platte Milling & Elevator Co. v. PriceWyoming Supreme Court · 1893
  5. Davis v. WilliamsSupreme Court of Alabama · 1898

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

3Cited by10 opinions

  1. McIntosh v. WalesWyoming Supreme Court · 1913
  2. Bock v. NefsyWyoming Supreme Court · 1922
  3. James S. Jackson Co. v. Horseshoe Creek Ltd.Wyoming Supreme Court · 1982
  4. Stein v. SchunemanWyoming Supreme Court · 1929
  5. Benedict v. Citizens National Bank of CasperWyoming Supreme Court · 1932

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

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