Legal Opinion

Menardi v. Omalley

Wyoming Supreme Court

Decided January 31, 1890PublishedCited by 7 opinions

Error to district court, Johnson county. The plaintiff sued the defendant in the court below, and the defendant demurred to the petition, alleging that it did not state facts sufficient to constitute a cause of action. The plaintiff, by leave of court, filed an amended petition, and by consent of parties the demurrer already filed was treated as a demurrer to the amended petition. The court sustained the demurrer, and the plaintiff excepted.

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Error to district court, Johnson county. The plaintiff sued the defendant in the court below, and the defendant demurred to the petition, alleging that it did not state facts sufficient to constitute a cause of action. The plaintiff, by leave of court, filed an amended petition, and by consent of parties the demurrer already filed was treated as a demurrer to the amended petition. The court sustained the demurrer, and the plaintiff excepted. No further order or entry appears in the record, except the recital that subsequently, on December 10, 1888, the case, on motion of plaintiff, was…

1Opinion of the Court

Corn, J.,

(after stating the facts substantially as above.) The record presents nothing upon which this court can act. Judgment was not rendered for the defendant upon the sustaining of the demurrer, and no final order, within the meaning of section 3128 of the Code of Civil Procedure, appears to have been made. The order sustaining the demurrer did not, in effect, determine the action, and prevent a judgment. The order striking the case from the docket upon the plaintiff’s motion either disposes of it finally upon plaintiff’s own motion, of which he cannot complain, or leaves it pending in…

2Cited by7 opinions

  1. Hahn v. Citizens State BankWyoming Supreme Court · 1918
  2. Bock v. NefsyWyoming Supreme Court · 1922
  3. Greenawalt v. Natrona Improvement Co.Wyoming Supreme Court · 1907
  4. James S. Jackson Co. v. Horseshoe Creek Ltd.Wyoming Supreme Court · 1982
  5. Turner v. HamiltonWyoming Supreme Court · 1902

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