Spriggs v. Pioneer Carissa Gold Mines, Inc.
| Decision Date | 18 April 1969 |
| Docket Number | No. 3735,3735 |
| Citation | 453 P.2d 400 |
| Parties | John J. SPRIGGS, Sr., Appellant (Plaintiff below), v. POINEER CARISSA GOLD MINES, INC., a Wyoming corporation, and George B. Colemere and Wyoming 75th Anniversary Commission, a Wyoming corporation, Appellees (Defendants below). |
| Court | Wyoming Supreme Court |
John J. Spriggs, Sr., pro se, Lander, for appellant.
G.L. Spence, Riverton, for appellees.
Before GRAY, C. J., and McINTYRE, PARKER, and McEWAN, JJ.
This appeal involves Rule 54(b), W.R.C.P., relating to disposition of fewer than all of the claims presented in an action when multiple claims or multiple parties are involved. Solution to the problem requires analysis of the pertinent portions of the record.
Plaintiff, John J. Spriggs, Sr., on August 3, 1967, commenced an action against the above-named defendants in the District Court of Fremont County, Wyoming, seeking as nearly as can be ascertained from an obfuscated complaint (a) to quiet title to certain mining claims situate in said county which have been the subject matter of much litigation in the courts of this state and in the Federal courts, (b) a possessory writ of some sort, and (c) damages against the defendants Pioneer Carissa Gold Mines, Inc., hereinafter called Pioneer, and George B. Colemere alleged to have resulted from the wrongful use and occupancy of the premises, destruction of property located thereon, and slander of title.
The defendant Wyoming 75th Anniversary Commission filed an answer in the nature of a disclaimer and denied allegations of the complaint not admitted by its disclaimer. Defendant George B. Colemere moved to dismiss the complaint for lack of jurisdiction over his person. Pioneer in its separate response to the complaint moved that the complaint be dismissed for failure to state a claim upon which relief could be granted, invoking the doctrine of res judicata. It also asserted a counterclaim for damages alleged to have resulted from malicious interference by plaintiff with the use and enjoyment of its property, slander of title, for malicious prosecution, and abuse of process. Application was also made for a citation of contempt against plaintiff for abuse of process and for an order restraining plaintiff 'from making any further claims or instituting any further proceedings involving, directly or indirectly, this defendant and the property involved herein' and any other actions having 'the effect of harassing, embarrassing, damaging or inconveniencing in any way this defendant with respect to the use and enjoyment of its said property as described in plaintiff's complaint.'
In response to Pioneer's counterclaim plaintiff moved to dismiss the same on the grounds that the counterclaim failed to state facts upon which relief could be granted. Plaintiff also moved for a citation of contempt against defendant for violation of an alleged injunction theretofore issued in dockets 4182 and 4623 of said court.
Other than the motion filed by Pioneer to dismiss plaintiff's complaint and plaintiff's motion to dismiss Pioneer's counterclaim, no question was raised concerning the pleadings, and thereafter the plaintiff and Pioneer entered into a stipulation whereby it was agreed that all of the preliminary matters above described would be submitted to the district court on written briefs with leave to supplement the record if the...
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