Legal Opinion

State v. Foster

Wyoming Supreme Court

Decided January 5, 1895PublishedCited by 40 opinions

Reserved questions from District Court for Laramie County. HoN. Riohaed H. Scott, Judge. These were separate actions by the State and the Board of the County Commissioners of the County of Laramie against Joel Ware Foster, assignee for the benefit of creditors of Thomas A. Kent, to have declared a trust upon the estate of the insolvent in the hands of the assignee, for certain public moneys deposited with said insolvent as a banker by the State and county treasurer…

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Reserved questions from District Court for Laramie County. HoN. Riohaed H. Scott, Judge. These were separate actions by the State and the Board of the County Commissioners of the County of Laramie against Joel Ware Foster, assignee for the benefit of creditors of Thomas A. Kent, to have declared a trust upon the estate of the insolvent in the hands of the assignee, for certain public moneys deposited with said insolvent as a banker by the State and county treasurer respectively. The facts are fully stated in the opinion. The moneys of the State in the hands of its treasurer, deposited with…

1Opinion of the Court

Geoesbece, Chief Justice.

These actions were brought in the district court for Laramie county and by that court were reserved to this court for decision upon certain important and difficult questions arising in them. They were consolidated in the trial court for the purposes of argument and determination and are so considered here, as they present substantially the same questions. The relief sought is of an equitable nature, to impress a trust in favor of the State of Wyoming and the County of Laramie to the amount of certain public funds by the respective treasurers of the State and county…

2Cases cited10 opinions

  1. Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
  2. McLeod v. EvansWisconsin Supreme Court · 1886
  3. Nonotuck Silk Co. v. FlandersWisconsin Supreme Court · 1894
  4. State v. McFetridgeWisconsin Supreme Court · 1893
  5. McClure v. Board of County CommissionersSupreme Court of Colorado · 1893

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3Cited by40 opinions

  1. Billis v. StateWyoming Supreme Court · 1990
  2. Leeb v. Guy (In Re Guy)United States Bankruptcy Court, N.D. Indiana · 1988
  3. United States F. & G. Co. v. BramwellOregon Supreme Court · 1923
  4. Cross v. Berg Lumber CompanyWyoming Supreme Court · 2000
  5. Aetna Accident & Liability Co. v. MillerMontana Supreme Court · 1918

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