Volume 25 — Wyoming Reports

Charles E. WINTER, Judge. Action by Frank E. Curtis against Hjorth Oil Company, a corporation, to recover compensation for services rendered and expenses incurred in the negotiation of a sale of defendant’s property. Judgment for plaintiff and defendant brings error. The material facts are stated in the opinion. Plaintiff was not employed as a broker to perform the services for which he seeks a recovery; he was not a broker in fact, but an attorney in the employ of defendant.

• Error to District Court, Sheridan County; Carroll H. Parmeleií, Judge. Petition 'by Daniel J. Wood, et al. for the probate of the will of Levi Wood, deceased. N. D. Wood, et al., contested the admission of the will to probate; from a decree for the proponents admitting the will to probate, contestants bring error.

MeNTzer, Judge.' Action in justice court by Verna Spray against E. A. Garber.. From a judgment of the District Court affirming judgment of the justice, defendant appeals. • The petition is insufficient to support the judgment; the findings of the justice are insufficient to support the judgment; the amount in controversy was in excess of the jurisdiction of the justice; pleadings are essential to make an issue in justice court.

ParmeleE, Judge. Action in a justice’s court by E. N. Campbell against A. D. Weller. There was a judgment for plaintiff, and defendant.appealed to the District Court, where the cause was tried to a jury and verdict rendered in favor of plaintiff. From a judgment for defendant notwithstanding the verdict and the denial of plaintiff’s motion to dismiss the appeal, and the overruling of plaintiff’s motion for a new trial, plaintiff brings error.

'MeNTzer, Judge. Action between F. M. Boner and others and the Fall River County Bank. On motion to dismiss proceedings in error by F. M. Boner and others. Motion granted, and proceedings dismissed.

Parmelee, Judge. Suit by C. J. Rhoades and wife against Arthur Reece and wife, for equitable relief, accounting as to partnership property, the appointment of a receiver and the recovery of the amount found due plaintiffs. ■ From a judgment for plaintiffs, the defendants bring error. Plaintiff sought to recover on the alleged copartnership agreement.

John R. Arnold, Judge. Action by the Hatch Bros. Company against Joseph Black, et al., to restrain defendants from obstructing an alleged highway and for damages. Defendants denied the ■existence of a public highway and cross-petitipned for damages for trespass on their lands by plaintiff. From a judgment awarding defendants damages, the plaintiff brings error.

ORIGINAL proceedings of habeas corpus by Hukoveh against Felix Alston, as warden of said penitentiary. The material facts are stated in the opinion. It is conceded that plaintiff was of the age of eighteen years and one month at the time of his conviction. He should have been sentenced to the Wyoming Industrial Institute and it was error to sentence him to serve a term in the penitentiary. (Sec. 540, Ch. 44, Comp.

Winter, Judge. Action by W. J. Johnson against Frank Abbott in which a writ of attachment was issued and levied upon defendant’s property. From an order sustaining a motion to dissolve the attachment and discharge the attached property, the plaintiff brings error. Other material facts are stated in the opinion. The evidence shows a fraudulent motive in securing the loan which is the subject matter of this suit.

Winter, Judge. Action by Frederick'J. Stanton against the Chicago, Burlington & Quincy Railroad Company, et al. Judgment for defendant named, and plaintiif brings error. The court erred in not granting plaintiff a continuance. Defendant, Samuel J. Jordan, is a fictitious person and must have been impersonated by someone else at the time of the alleged conveyance. Defendant has been unable to find Samuel J. Jordan.

Winter, Judge. Action 'by J. M. Malin against the J. W. Denio Milling Company. Judgment for plaintiff and defendant brings error. The material facts are stated in the opinion. The contract was made in Wyoming upon its confirmation by the Milling Company. The laws of Montana do not govern. (Capps v. Hensley, 23 Okla. 311, 100 Pac. 515.) Contracts are construed and their validity determined by the law of the place where made. The lex loci contractus governs.

V. J. Tidball, Judge. Action by the Wyoming Construction and Development Company against the Buffalo Lumber Company to recover upon an alleged written contract of subscription for bonds of plaintiff. The judgment was for defendant and plaintiff brings error. The material facts are stated in the opinion. Plaintiff was authorized to transact business in Wyoming.

William C. Mentzer, Judge. Proceedings for the apportionment of indebtedness as between the Board of County Commissioners of the County of Park and the Board of County Commissioners of the County of Big Horn. From the judgment the Board of County Commissioners of the County of Park bring error. The material facts are stated in the opinion.

P. W. Mbtz, Judge. Action by George Taylor against First National Bank of Cody, Wyoming, a corporation, and others to recover damages for the alleged conversion of a note and two checks given in payment on the purchase of an automobile. Other material facts are stated in the opinion. Judgment for defendants and plaintiff brings error. There was a conversion of plaintiff’s property by defendants.

John R. Arnold, Judge. Application for mandamus on relation of Sigmund Kohn against the Town Council of the Town of Kemmerer, requiring the council to issue a retail liquor license to relator authorizing him to conduct his business at a new location. A general demurrer to the petition was sustained and judgment rendered against relator for costs, and he brings error.

William C. Mentzer, Judge. Action by John Moran, et al., against Ferdinand J. Hagge for the reformation of a conveyance of land on the ground of mutual mistake in descriptions. A decree was entered for plaintiffs, and defendant brings error. To warrant reformation on the ground of mistake the evidence must be clear that the mistake was mutual. (Grieve v. Grieve, 15 Wyo. 358,.89 Pac. 569-.) -The burden is upon the plaintiff.

V. J.. Tidball, Judge. Action by Sarah Steinhoff, et al., against Katrine Wolbol, as executrix. Judgment for plaintiffs and defendant brings error. The material facts are stated in the opinion. Wolbol succeeded to all rights of the original entryman and of Lewis and the bank and held the same at the time of the land office proceedings, but the holders of the Dean title had no notice or knowledge of the land office proceedings.

William C. MeNTzer, Judge. Action between F. M. B'oner, et al., and the Fall River County Bank, a corporation. From a judgment for the bank, B'oner, et al., bring error.

MUNTzsr, Judge. Action 'by the First National Bank of Earamie City, a corporation, against the City of Earamie, a corporation, et al., involving the validity of a proposed issue of bonds of the City of Laramie, for the purpose of realizing funds to extend the water system of said city. From a judgment for the defendants, plaintiff brings error. This is an agreed case submitted in pursuance to the provisions of Section 4517, Compiled Statutes, 1910.

V. J. Tidball, Judge. Suit 'by Francis S. King, et al., against Margaret E. King to establish proprietary rights in letters of the plaintiffs, which had been annexed to depositions used in a prior suit and thereafter by consent of parties left in the custody of the clerk under seal and also seeking an injunction restrain» ing defendant from gaining access to the letters or copies thereof, or from publishing them, or disclosing their contents.

H. ParmelEB, JU(3ge. Condemnation proceedings by the Wyoming Railway Company, a corporation, against Joseph' Reiter, et al., surviving trustees under the last will and testament of Devi Leiter, deceased. From an order of the court allowing interest on the award of the commissioners, plaintiff brings error. The statute does not provide for awards of interest by commissioners in condemnation proceedings. (Chapter 211, Comp.

Charles E. WINTER, Judge. Action by Edward Kressman against Joseph H. Dobell, et al., to foreclose a mortgage granted by decree of court. Several other parties intervened, or were brought in as defendants. Charles Walter, as assignee of H. Winfigeld Hillman, brings error to review the judgment. This was not an action to reform an instrument, or which authorized' the trial, court to reduce the amount of money stated in the mortgage.

ORIGINAL proceedings by petition, for habeas corpus by Eddie Madson, Richard Madson and Violet Madson, minors, by May Madson, their next friend, against the Wyoming Humane Society and State Board of Child and Animal Protection. The District Court did not have jurisdiction to make an order giving a stranger custody of said minors. The proper procedure is set forth by Sections 3108-3111 and 3117-3119, Comp. Stats. 1910. No notice was given the parents.

C. H. ParmelEE, Judge. Mandamus in the name of the State of Wyoming on the relation of 'C. W. Sampson against the City of Sheridan, a municipal corporation, and its officers, mayor and commissioners to compel the issuance to relator of a cement contractor’s license. From a judgment dismissing the petition and an order overruling motion for a new trial, relator brings error. The court erred in holding the ordinance void. Section 1681, Comp.

John R. ArNoud, Judge. Action by the International Harvester Company of America against the Jackson Lumber Company, a co-partnership, and others. From a. judgment for defendants, plaintiff brings error, and defendants move to strike the bill of exceptions from the record and to dismiss the proceedings. No order was made granting plaintiff time to prepare and present the bill of exceptions, nor even a request by a plaintiff for time to do so. The bill must be stricken.

William C. Mentzer, Judge. On rehearing. For former opinion, see 23 Wyo. 201, 147 Pac. 507. Abstracts of briefs filed on the merits were published with former opinion.

C. H. Parmelee, Judge. Action by Lydia H. Elmore as executrix and administra-trix of Mike Elmore, deceased, against Claude K. Cook to recover rents and profits of land and to enforce a trust. From a judgment for plaintiff, defendant brings error. Other material facts are stated in the opinion. This action was brought under the provisions of Section 4295, Comp. Stats. 1910. Such actions are barred after ten years from the time the cause of action accrues.

R W. Metz, Judge. Action by E. E. Esselstyn against the Owl Creek Coal Company, a corporation. Judgment for the latter, and the former brings error. Heard on motion to> quash the service of the original summons in error and the alias summons in error. Section 5111, Comp. Stats. 1910, as amended by Chapter 70, Eaws 1917, clearly states the requirements as to the issuance and service of summons in error.

C. H. P ármele®, Judge. Action by Edward G. Calkins, administrator of the estate of Myron Chamberlain, deceased, against -the Wyoming Coal Mining ’Company, a corporation, and the Sheridan County Electric Company, a corporation. There was a judgment for defendants on a directed verdict, and plaintiff brings error. The court erred in directing the verdict for defendants, as there was evidence as to the negligence of the Coal Company.

Joi-iN R. Arnold, Judge. Heard on petition for rehearing. For former opinion, see page 109, this volume; also 165 Pac. 518. The questions involved are of importance, and it is to be regretted that the case was not argued orally. The action is brought for an injunction to restrain defendants from interfering with the use. of an alleged highway through lands owned by them, acquired under the public land laws in 1912.

E. C. Raymond, Judge. Action ¡by Laura G. Geddes against M. C. Hogland. Judgment for plaintiff and defendant brings error.

Error- to District Court, Sheridan County; Hon. E. C. Raymond, Judge. Action by Virginia A. Bonham against Alfred E. Bon-ham for divorce. Judgment for defendant and plaintiff brings error. Divorce is sought on the grounds of extreme cruelty.

E. C. RAYMOND, Judge. Action by William R. Nichols against Alice Arnold to quiet title to real estate and to cancel a mortgage of record thereon. Decree for plaintiff and defendant brings error. The evidence shows that it was not the intention of the parties to extinguish the mortgage 'by the assignment to Ross. Mulholland took no better title or security on his mortgage than Ross had at the time the mortgage was delivered to Mulholland.

Questions certified from the District Court, Carbon County; Hon. V. J. Tidball, Judge. Action by the Board of the County Commissioners of the County of Carbon against the. Union Pacific Railroad Company, for the collection of a .tax levied to aid an in-’ corporated fair association. Defendant demurred to the petition, and the court certified certain questions of a constitutional character to the Supreme Court for decision.

E. C. Raymond, Judge. Action by Herman L. Hahn against the Citizens State Bank and T. C. Diers. Judgment for defendants and plaintiff appeals. Heard on motion to dismiss the appeal.

Charlss E. Winter, Judge. Mandamus on the relation of Ralph E. Allen against Earl Burns, as Treasurer of Fremont County, Wyoming. Writ issued and respondent 'brings error. The case apparently hinges upon the construction of Section 2433, Comp.

Charles E. Winter, Judge. Action by Frank D. Hudson against Arthur C. Roberts to recover- upon a mortgage indebtedness. Judgment for plaintiff and defendant brings error. The instrument being in form a deed of quitclaim did not convey title subsequently acquired. (Section 3625, Comp. Stats.; R. C. D. 1024.) A grantee under a quitclaim of interest is not a bona fide purchaser.' (Snow v. Lakes Admr., 20 Fla. 656, 51 Am.

John R. ArNold, Judge. Action by M. Zancanelli to recover damages from Central Coal & Coke Company for personal injuries sustained while in its service due to the negligence of the company.