State ex rel. First National Bank of Laramie v. District Court of Albany County

• Citation: 78 P. 1093,13 Wyo. 184
• Parties: STATE EX REL. FIRST NATIONAL BANK OF LARAMIE v. DISTRICT COURT OF ALBANY COUNTY ET AL
• Decision Date: 31 December 1904
• Court: Wyoming Supreme Court

78 P. 1093

13 Wyo. 184

STATE EX REL. FIRST NATIONAL BANK OF LARAMIE v. DISTRICT COURT OF ALBANY COUNTY ET AL

Supreme Court of Wyoming

December 31, 1904

ORIGINAL proceeding for writ of prohibition to restrain further proceedings in the District Court for Albany County under the appointment of a receiver in a proceeding in aid of execution. A demurrer was sustained to the petition. (See State ex rel. Bank v. District Court et al., 12 Wyo 547.) An amendment to the petition was filed, and a motion by respondents to strike the amendment from the files. For further facts, see the opinion which follows, and First National Bank et al. v. Cook, 12 Wyo. 492.

Petition dismissed.

N. E Corthell, for relator.

H. V. S. Groesbeck, for respondents.

POTTER, JUSTICE. CORN, C. J., concurs.

OPINION

POTTER, JUSTICE.

In this cause a demurrer was sustained to the petition for a writ of prohibition. (12 Wyo. 547; 76 P. 680.) The relator has filed an amendment to the petition, and the respondents have filed a motion to strike the amendment from the files. The effect of the amendment is that in argument before the District Court on the application of the relator and others for leave to enforce certain securities against the receiver, and in support of objections to the sale by the receiver of certain cattle on which the relator claimed a lien by mortgage, the point was orally made that the court was without jurisdiction. It is doubtful if the facts set forth by the amendment sufficiently presented the objection to jurisdiction to furnish a basis for the issuance of an order prohibiting further proceedings.

But so far as the order of the District Court is concerned that directed the sale of cattle to pay the receiver's expenses, on which the relator claimed a lien; and so far as it denied the application of relator to enforce its securities upon property in the receiver's possession, the same has been reversed, and, by an opinion this day delivered, a rehearing therein has been denied. The petition for prohibition prays that the District Court and the respondents be restrained from proceeding further in the receivership proceeding pending in this cause; and that upon a hearing such writ be made absolute. An alternative writ of prohibition was issued whereby the respondents were commanded to refrain from any further proceedings in the receivership until the further order of the court, and that they show cause why t...