H. E. Wright & Co. v. Douglas
Wyoming Supreme Court
Error to the District Court, Weston County; Hon. Ernest C. Raymond, Judge. Action hy R. S- Douglas against H. E. Wright & Co. to enjoin the foreclosure of a chattel mortgage by notice and sale. From a judgment granting a perpetual injunction, the defendant brings error.
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Error to the District Court, Weston County; Hon. Ernest C. Raymond, Judge. Action hy R. S- Douglas against H. E. Wright & Co. to enjoin the foreclosure of a chattel mortgage by notice and sale. From a judgment granting a perpetual injunction, the defendant brings error. The Court erred in denying defendant’s motion for judgment -on the pleadings; the statute (4401 C. S.) provides that allegations of new matter in the answer not controverted by a reply shall be taken as true; the answer alleged an insufficiency of tender, and no reply was filed; there was no tender of gold coin, nor was there…
1Opinion of the Court
Beard, Ci-iiee Justice.
This is an action brought by the defendant in error, Robert S. Douglas, against the plaintiff, in error, PI. E. Wright & Company, to enjoin the foreclosure by notice and sale of a certain chattel mortgage given by Douglas to one Frank W. Keeler. A temporary injunction was issued, and on final hearing was made perpetual. Wright & Company bring error.
*308Douglas alleged in his petition, in substance:
1. That on July 10, 1917, he executed and delivered to Frank W. Keeler, his two promissory notes, one for $5,-000.00, and one for $4,259.18, each due six months after date, with…
2Cases cited2 opinions
- Schaeffer v. ColdrenSupreme Court of Pennsylvania · 1912
- Graves v. BurchWyoming Supreme Court · 1919
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- J BAR H, INC. v. MartinWyoming Supreme Court · 1994
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