Graham v. Culver

Citation3 Wyo. 639,29 P. 270
PartiesGRAHAM et ux. v. CULVER et al
Decision Date22 August 1892
CourtWyoming Supreme Court

3 Wyo. 639 at 656.

Original Opinion of February 18, 1892, Reported at: 3 Wyo. 639.

Motion for rehearing denied.

CONAWAY, J. GROESBECK, C. J., and MERRELL, J., concur.

OPINION ON REHEARING.

(August 22, 1892.)

CONAWAY, J.

All the points raised in the petition for rehearing were thoroughly discussed by counsel and decided by this court on the original hearing. The title to and right of possession in the realty in controversy were directly in issue, and were adjudicated, in the former action of Culver v. Graham, (Wyo.) 3 Wyo. 211, 21 P. 694. [1] This suit is a persistent attempt, on various ingenious pretexts, to ignore that adjudication, and to relitigate the title to the property and the right of possession.

Motion for rehearing denied.

GROESBECK, C. J., and MERRELL, J., concur.

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Notes:

[1] Ante, 211.

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7 cases
  • Allen v. Lewis
    • United States
    • Wyoming Supreme Court
    • 11 Enero 1919
    ...the lands was placed in issue by the pleadings in the former case and necessarily passed upon in the determination thereof. (Graham v. Culver, 3 Wyo. 639; Judgments 505.) The case of Warwick v. Underwood, 75 Am. Dec. 767, is directly in point; also Johnson v. San Francisco Union, 7 A. S. R.......
  • Norris v. United Mineral Products Company, 2306
    • United States
    • Wyoming Supreme Court
    • 15 Mayo 1945
    ...Court has held in several cases that a judgment is conclusive of all matters which might have been litigated in the suit. Graham v. Culver, 3 Wyo. 639; 30 P. 937; v. C. B. & Q. R. R., 24 Wyo. 305; 157 P. 698; Cook v. Elmore, 27 Wyo. 163; 192 P. 824. This court recognized the right of Hunter......
  • Brickel v. Chicago, Burlington and Quincy Railroad Co.
    • United States
    • U.S. District Court — District of Wyoming
    • 29 Diciembre 1961
    ...Inc. v. Gillette Safety Razor Co., 5 C.A., 1961, 295 F.2d 362; Hennessy v. Chicago, B. & Q. R. Co., 24 Wyo. 305, 157 P. 698; Graham v. Culver, 3 Wyo. 639, 29 P. 270, 30 P. From what I have said, I hold that the Motion for Summary Judgment should be, and the same is hereby, sustained. Rule 5......
  • Hardin v. Hancock
    • United States
    • Arkansas Supreme Court
    • 28 Noviembre 1910
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