Italian-Swiss Agricultural Colony v. Bartagnolli
Wyoming Supreme Court
ERROR to the District Court, Sweetwater County, Hon. David H. Craig, Judge. . The action was brought in justice court, and judgment given for plaintiff on default. The defendant attempted to appeal to the district court, but did not observe the statutory requirements. The district court refused to dismiss, on motion, and allowed the defendants to give evidence, and rendered judgment for them. The plaintiff thereupon brought error.
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ERROR to the District Court, Sweetwater County, Hon. David H. Craig, Judge. . The action was brought in justice court, and judgment given for plaintiff on default. The defendant attempted to appeal to the district court, but did not observe the statutory requirements. The district court refused to dismiss, on motion, and allowed the defendants to give evidence, and rendered judgment for them. The plaintiff thereupon brought error. The right of appeal from a justice court is purely a statutory proceeding. The proceedings as pointed out by statute must be strictly followed. (Const., Art. 5,…
1Opinion of the Court
Knight, Justice.
This action was originally brought by plaintiff in error against defendants in error to recover on account,'and before a justice of the peace, on March 22, 1899, plaintiff in error filed its bill of items and caused summons to issue, which was duly served upon defendants as provided by law. On March 28, 1899, and upon the return day of said summons, the same was filed with return as to service duly indorsed; and defendants being in default proceedings were had as provided and directed. *206by Section 4386, and judgment regularly given for plaintiff in the sum of $50.52 and costs,…
2Cases cited12 opinions
- Sawyer v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Diaz v. Eighth Judicial District Court of NevadaNevada Supreme Court · 2000
- People ex rel. Jones v. Cty. Court of El DoradoCalifornia Supreme Court · 1858
- Clendenning v. Crawford & McLaughlinNebraska Supreme Court · 1878
- Martin v. District Court of the First DistrictNevada Supreme Court · 1878
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3Cited by3 opinions
- White v. VeitchWyoming Supreme Court · 1921
- Walton v. SpinnerWyoming Supreme Court · 1907
- Eggart v. DunningWyoming Supreme Court · 1907