Volume 7 — Wyoming Reports

EeROR to the District Court for Carbon County, Hon. Jesse Knight, Judge. ■ William Daley appealed to the District Court from a decision of State Board of Control determining the priorities, and amounts of appropriations of water from Separation Creek in Carbon County. The District Court sustained a motion to dismiss the appeal. From the order dismissing the appeal, Daley brought the case to the Supreme Court on error.

<p>ON petititión for rebearing.</p> <p>cited, Conkling y. Shelby, 28 N. Y., 360; New y. Sailors, 114 Ind., 407; Mayer y. Feig. id., 577.</p>

Hon. W. S. Metz, Judge. Action by the C. D. Woodworth Company against the First National Bank of Sheridan, for goods sold and delivered. Judgment was rendered for the plaintiff, and defendant prosecuted error. The facts are stated in the opinion. The conveyance under which defendant in error, plaintiff below, claimed was either an absolute bill of sale or a chattel mortgage. In either case the judgment was erroneous. Considered as a bill of sale, the transfer was void.

Jesse Knight, Judge. Action upon certificates of deposit. Tbe defendant bank made affidavit that they were claimed by a third*party, and the latter was ordered to appear and maintain' or relinquish his claim. He appeared and answered, and the case proceeded as against him, the bank retaining the money in the meantime by order of the court. The facts are stated in the opinions.

' ERROR to the District Court for Sweetwater County. Hon. Jesse Knight, Judge. This was an action brought by George Me Kay against Adam Kuhn to recover a balance alleged to be due upon the sale of certain mining property. The action was originally instituted in the District Court for Fremont County, and was taken on change of venue to Sweetwater County. The case was tried to a jury, and a verdict returned for the plaintiff, his damages being assessed at $3,786166.

Ho-n. J. H. Hayeord, Judge. This was an action brought by the defendants in error, the Second national Bank of Brownsville, Pennsylvania, Hilda Lamb, and Allie C. Me Meehan, for the possession of certain lands located in Albany County. The petition alleged a legal estate in said lands, a right to their possession, and that the defendant Joseph Delles unlawfully kept the plaintiffs out of possession.

Jesse Knight, Judge. Thomas P. Tway was found guilty of the crime of rape upon an information filed in the District Court of Fremont County. He was sentenced to fifteen years in the penitentiary. A motion for new trial was overruled, and defendant applied for a writ of error.

Oeiginal proceeding in mandamus. The relator, E. A.. Slack, entered into a contract with the State, through the Secretary of State, to do such printing as might be ordered by the fourth State Legislature, including the journals of the Senate and House of Eepre-sentatiyes. The contract was made prior to the convening .of said Legislature, and was made and executed under the authority conferred by Chap. 48, Sec. 8, Laws of 1890— 91.

J. H. Hayford, Judge. This was an action brought upon a bond and mortgage against Herman Otterson, Mary Otterson, his wife, and the Laramie Co-operative Association, as defendants. The mortgage was signed by Herman Otterson and Mary Otterson.

Richard II. Scott, Judge. Silas Guthrie appealed to the District Court from an order of the Board of County Commissioners of the county of Converse, disallowing his claim for a balance claimed to be due him upon salary as county clerk. The cause was tried upon an agreed statement of facts, and judgment was rendered for the county. The appellant, Guthrie, prosecuted error.

Eeserved Questions from.the District Court for Laramie County. HoN. Charles W. Bramel, Judge of the Second Judicial District, presiding. This controversy arose in a proceeding in the matter of the estate of George L. Beard, deceased. The receiver of the Cheyenne National Bank sought to obtain an order requiring the administrator to pay as a preferred claim tbe amount due by reason of assessments made upon tbe bank stock held by the decedent.

ReseRved questions from the District Court for Carbon County. Hon. Jesse Knight, Judge. This case was pending in the District Court for Carbon County. Plaintiff and defendant were opposing candidates for the office of County Treasurer of Carbon Coúnty, at the election of 1896, and defendant was declared elected by the canvassing board by a vote of 1,189 as against a vote of 1,162 for the plaintiff.

<p>ReseRyed QuestioNS from the District Court for Carbon County, HoN. Jesse KNight, Judge.</p>

<p>1. No person is a legal voter who is not able to read the constitution of this State in the English language, unless such incapacity is the result of physical disability, or such person had the right to vote at the time of the adoption of the constitution.</p>

ReseRved Questions from the District Court for Sheridan County, HoN. Joseph L.' Stotts, Judge. Mandamus to compel the levy of a tax. The facts which prevented a decision upon the questions reserved are stated in the opinion.

Keserved Questions from the District Court for Laramie County, Hon. Riohard H. Scott, Judge.

RESERVED Questions from the District Court for Uinta County, Hon. Jesse Knight, Judge. Action by David 0. McLaughlin, receiver, and others, against Garrett O ’Neill, executor of the last will and testament of Christopher E. Wurtele, deceased, to enforce the superadded statutory liability of stockholders in a Utah banking corporation. ‘Upon submission of a demurrer to the petition the court reserved certain questions for the decision of the Supreme Court.

<p>CORPORATIONS — Liability op Stockholders —■ Enforcement op Superadded Statutory Liability.</p> <p>1. A suit "by a creditor of a foreign corporation, on his own behalf, and all other creditors, upon a foreign statute, imposing upon stockholders a liability equally and ratably, and not one for another, for all debts of the corporation, to the extent of their stock at its par value, in addition to the amount invested in, and due on such stock, can not be maintained against a stockholder, residing in this State, before it is judicially determined by some court having jurisdiction for that purpose, what the amount of the deficit is which the superadded statutory liability is required to cover, which requires an inquiry into the other assets of the insolvent corporation, and the amount of its actual indebtedness.</p>

ReseRved Questions from the District Court for Laramie County, Hon. Richard H. Soott, Judge. • The petition in this case set out that on July 20, 1893, Thomas A. Kent made a general assignment to defendant Roster, for the benefit of creditors, that defendant took possession of all the property and qualified on July 22, 1893, and “is now and has been'” ever since the duly qualified and acting assignee, and in possession and control of the assigned property.

Hon. Chables W. Bramel, Judge of Second District, presiding. This action was brought by Chester B. Bradley, the defendant in error, against the Syndicate Improvement Company, Charles W. Biner, and William B. Schnitger, the plaintiffs in error. Defendant in .error, on the 18th day of May, 1895, recovered a judgDient against the Syndicate Improvement Company, one of the plaintiffs in error, for the sum of $3,711.54, principal and interest, and $383.75 costs.

Reserved Questions from the District Court for Laramie County, Hon. Joseph L. Stotts, Judge of Fourth District, presiding.

Hon. Joseph L. Stotts, Judge of Fourth District, presiding. Edward W. Stone brought this action against the Board of the County Commissioners of the county of Laramie to recover the salary of L. E. Stone as deputy treasurer for the months of January to June, inclusive, 1891; the claim for such salary having been assigned to the plaintiff. Edward W. Stone was elected county treasurer at the first State election in September, 1890. He held the office until January, 1893.

Reserved questions from the District Court for Fremont County, Hon. Jesse Hnight, Judge. James K. Moore brought this suit to enjoin the collection of taxes levied upon cattle and horses kept and grazed upon the Shoshone Indian reservation. The petition was demurred to, and upon submission of the demurrer certain questions were reserved for the decision of the supreme court. A post trader is not liable to State taxation. He is an agent of the government.

EeseRved questions from the District Court for Uintah County. Hon. Jesse Knight, Judge. This is a suit upon a judgment obtained by the plaintiffs against the defendants in a district court in Utah, and the plaintiffs sued out an attachment which was levied upon certain personal property of the defendants in this State.

Jesse Knight, Judge. William F. Bryant was convicted of the crime of assault with intent to commit murder, and sentenced to ten years in the penitentiary. He prosecuted error. The case is stated in the opinion. If the information does not state facts sufficiently to describe a crime, the question of its sufficiency can be raised for the first time on error, though the petition in error does not raise the question.

Jesse Knight, Judge. The Genesee County Savings Bank of Flint, Mich., filed its petition in the district court of Carbon County against Fred Kindt, for the sum of nine hundred thirty-one and ninety-five hundredths dollars and interest and costs, alleging, in substance as follows: That the plaintiff was a corporation organized and existing under the laws of the State of Michigan; that on September 14, 1892, defendant Kindt executed and delivered at Bawlins, Wyo., to one S. B.…

RESERVED questions from the District Oourt for Laramie County, Hon. CHARLES W. Beamed, Judge of the Second District, presiding. This case was submitted to the district court upon the motions of plaintiff and defendants respectively for judgment upon the pleadings.

Jesse Knight, Judge. Ellen C. Johnson brought the action against Eobert Eamsey upon a lease dated Dec. 11, 1893, made between said Eamsey and William A. Johnson. The plaintiff alleged an assignment from William A. Johnson of the claim sued for.

Hon. Charles W. Bramel, Judge of the Second District, presiding. The case is fully stated in the opinion. Both by our statute, and the decisions of courts, the mortgagor was insolvent when the mortgage was given; as he was in embarrassed and failing circumstances, and unable to pay his debts from his own means as they became due. (L. 1890, Ch. 51, Sec. 1; Burrill on Assignments, pp. 98, 99; DeBuyterv.

Reseiíved questions from the District Court for Laramie County. Hon. David H. Craig, Judge of the Third District, presiding. Mandamus proceeding brought upon the relation of Philip Noble to compel the city council of the city of Cheyenne to issue to relator a license to sell liquors at a designated place in said city. The facts are stated in the opinion.

Court for Weston County. Hon.. Joseph L. Stotts, Judge. The case is stated in the opinion. (In opposition to the motion to dismiss.) The original motion for a new trial was, in fact, a part of the bill when allowed by the judge, and was, in fact, then annexed to it and examined by the judge, as will appear by the affidavit filed herein.

Hon. Joseph L. Stotts, Judge. H. J. Dalzell, was informed against in the district court for Johnson County, for the larceny, of one head of neat cattle, of the value of five dollars and upwards, was convicted and sentenced to two years’ imprisonment in the penitentiary. He prosecuted error. The facts are stated in the opinion. It is elementary that in all criminal cases proof of the corpus delicti must be made.

HoN. Joseph L. Stotts, Judge. Action in replevin by Meyer Frank against John Owens, as sheriff of Weston County. Judgment was rendered for plaintiff and the defendant prosecuted error. The material facts are stated in the opinion. Practically the only question involved in this appeal is whether or not a witness may refuse to answer a material question touching a material conversation, on the ground that it was a privileged communication, to wit: was told him as a Mason.

Bramel, Judge. Proceedings in contempt for the violation of an injunction. The case and material facts are stated in the' opinion. Contempt proceedings are the usual and appropriate means of enforcing an injunction, temporary or perpetual. (2 High on Inj., 1449; Rev. Stat., Sec. 2929). The. statute is not directory but mandatory. (Suth. on Stat.

Original proceeding in mandamus by which France Marsh, the relator, sought the order of the court requiring the State Board of Land Commissioners to enter into a lease with relator for certain school lands, and to cancel a lease issued to another person for said lands. The facts are stated in the opinion.

Beseeved questions from the District Court for Albany County. Hon. J. H. Hayeoed, Judge. The defendants on July 27, 1892, executed their note to the plaintiff bearing interest from date until paid, at the rate of twelve per cent per annum. June 12, 1893, plaintiff obtained a j udgment on the note against the defendants.

<p>ON petition for rehearing.</p>

HoN. Joseph L. Stotts, Judge. William H. Ackerman was convicted of the crime of grand larceny, and he prosecuted error. A complaint was filed before a justice of the peace . charging the plaintiff in error with burglary in breaking and entering a “ sheep wagon used as a dwelling house,” and stealing therefrom certain personal property. Upon an examination by the justice, the defendant was held to answer at the next term of the district court.

Reserved questions from tbe District Court, ITinta County. Hon. David H. Ckaig, Judge. B. A. Johnson was charged with malicious trespass under the statute. There was an agreed statement of the evidence, and the district court reserved four questions for the decision of this court as follows: 1.