First National Bank of Rock Springs v. Ludvigsen

• Decision Date: 12 July 1899
• Citation: First National Bank of Rock Springs v. Ludvigsen, 8 Wyo. 230, 57 P. 934 (Wyo. 1899)
• Parties: FIRST NATIONAL BANK OF ROCK SPRINGS, ET AL., v. LUDVIGSEN, ADMINISTRATRIX
• Court: Wyoming Supreme Court

57 P. 934

8 Wyo. 230

FIRST NATIONAL BANK OF ROCK SPRINGS, ET AL., v. LUDVIGSEN, ADMINISTRATRIX

Supreme Court of Wyoming

July 12, 1899

8 Wyo 230 at 256.

Original Opinion of April 24, 1899, Reported at: 8 Wyo. 230.

Rehearing denied.

POTTER CHIEF JUSTICE.CORN, J., and KNIGHT, J., concur.

OPINION

ON PETITION FOR REHEARING.

POTTER CHIEF JUSTICE.

Plaintiffs in error apply for a rehearing, and again contend that the presentation and allowance of claims against the estate of the decedent, was a condition precedent to the right of the administratrix to defend her possession of the mortgaged property.The arguments now made are substantially the same as those originally presented.A careful re-examination of the question has convinced us that the conclusion reached upon the original hearing should be adhered to.As the matter was fully discussed in the former opinion, we do not deem it necessary to again elaborate our views.

A new point is now urged.For the first time in this court it is insisted that the judgment which was for $ 872.41 should not have exceeded $ 800, or at the most $ 840.This point was not raised at the original hearing, and was not mentioned in brief of counsel.Under Rule 14 it was the duty of counsel to include in their brief a statement of all the points relied on.We might well refuse now to consider this point, raised for the first time on petition for rehearing.

In this respect counsel's entire argument is that the value of the property was stipulated to be $ 800, on September 27 1897; and if interest is allowed, it should run only from that date.The facts are that the property was delivered to the plaintiff in error bank on March 26, 1897.The agreed statement does not say that the value was $ 800 on September 27, 1897.It does say "that the foregoing property described herein is of the value of eight hundred dollars." ...