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CASES DECIDED

IN THE

SUPREME COURT

OF

WYOMING

FROM

APRIL 19, 1920 TO AUGUST 26, 1921

REPORTED BY

WILLIAM E. MULLEN

VOL. 27

Cheyenne, Wyoming

The Wyoming Labor Journal Publishing Co.

Printers and Binders

J

COPYRIGHT 1922

BY W. E. CHAPLIN, SECRetary of StATE
FOR THE STATE OF WYOMING

APR 5 1922

JUSTICES OF THE SUPREME COURT

OF THE STATE OF WYOMING

DURING THE PERIOD COVERED BY THIS VOLUME

CYRUS BEARD, Chief Justice until December 16, 1920.

CHARLES N. POTTER, Chief Justice from December 16, 1920.
CHARLES E. BLYDENBURGH, Justice until April 17, 1921.
RALPH KIMBALL, Justice from January 3, 1921.
FRED H. BLUME, Justice from April 23, 1921.

Clerk, FRED S. FOBES.

Deputy Clerk, FRANK V. BOOKER.

Attorney General, WILLIAM L. WALLS.

Deputy Attorney General, VINCENT CARTER.

Assistant Attorney General, WILLIAM A. JAMES.

DISTRICT JUDGES

DURING THE PERIOD COVERED BY THIS VOLUME.

First District, WILLIAM C. MENTZER, Cheyenne.
Second District, VOLNEY J. TIDBALL, Laramie.
Third District, JOHN R. ARNOLD, Evanston.
Fourth District, JAMES H. BURGESS, Sheridan.

Fifth District, PERCY W. METZ, Basin.

Sixth District, RALPH KIMBALL, Lander, until January 3, 1921.
CYRUS O. BROWN, from January 5, 1921.

Seventh District, HARRY T. ILSLEY, Sundance.

In Memoriam

CYRUS BEARD

Hon. Cyrus Beard, then Chief Justice of the Supreme Court, died at his home in Cheyenne, Wyoming, on the 16th day of December, 1920. He was born in Venango County, Pennsylvania, Aug. 13, 1850. He graduated from the Law Department of the University of Iowa in 1874, and began the practice of law in Washington, Iowa, in that year, removing to Hardin, Iowa, in 1878, where he continued the practice, going to Evanston, Wyoming, in 1890, where he continued in the practice until 1904, when he was elected Justice of the Supreme Court for a term of eight years, beginning the first Monday of January, 1905. He was re-elected in 1912 for another term of eight years expiring January 1, 1921.. He was again re-elected in 1920 for another like term, but was taken ill in December and died before the beginning of the new term.

At the first session of the Court held after the death of Judge Beard, on December 20, 1920, the Chief Justice said:

"It is with very deep sorrow that we are obliged to announce the death of Chief Justice Beard, which occurred at his home in this city on Thursday evening last, December 16, 1920, after an illness of a few days only. He left his chambers the previous Saturday noon confidently expecting to be with us at the session of the court fixed for Monday, the 13th. The remaining Justices will sadly miss him, and the State has lost a most useful citizen, a most excellent judge and one in whom the entire Bar and citizenship of the State had the greatest confidence. Further remarks will be postponed until the presentation of memorial resolutions by the Bar. And after the disposition of some necessary pro forma matters the court will stand adjourned out of respect for the late Chief Justice until December 29, 1920, at ten o'clock."

At a later session of the court on January 14, 1921, the following memorial was presented to the court by a committee of the Bar with the request that it be entered upon the journal of the Supreme Court, and after appropriate remarks by the Chief Justice and members of the Bar present, the memorial was ordered to be entered upon the journal.

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