Durante v. Consumers Filling Station Co.

10 Citing cases

  1. McCarthy v. Mobile Cranes, Inc.

    199 Cal.App.2d 500 (Cal. Ct. App. 1962)   Cited 38 times
    Ordering clerk's file sent up when appellant provided inadequate record

    It seems apparent that a trial which involves three cases, all of them presenting the direct issue of negligence of one of the parties, is never finished in fact until all the evidence is in. To be more specific, the fact that McCarthys had technically "rested" their case should not in a consolidated cause preclude them from countering any proof thereafter produced by any party which tended to disprove Mobile Cranes' negligence and to place the onus on Builders Steel only. [10] The Wyoming Supreme Court said, in Durante v. Consumers Filling Station Co. of Cheyenne, 71 Wyo. 271 [ 257 P.2d 347, 355]: "Where several actions are consolidated for trial, the evidence received must be deemed applicable in its entirety to each of the cases, unless the record discloses the contrary or the evidence is immaterial or irrelevant to the issues in a particular case." (See also 1 C.J.S. § 113 (4), p. 1375.)

  2. Spreeman v. State

    2012 WY 88 (Wyo. 2012)   Cited 12 times

    den.,357 P.2d 180;Montoya v. McManus, 1961, 68 N.M. 381, 362 P.2d 771. Words may not be inserted in a statutory provision under the guise of interpretation. Kirkwood v. Bank of America Nat. Trust & Savings Ass'n., 1954, 43 Cal.2d 333, 273 P.2d 532. The Supreme Court will not read into laws what is not there. Durante v. Consumers Filling Station Company of Cheyenne, 1953, 71 Wyo. 271, 299, 257 P.2d 347, 356;Cook v. Hill, 1960, 224 Or. 565, 356 P.2d 1067. This court will not supply omissions in a statute and redress is with the legislature. Lo Sasso v. Braun, Wyo.1963, 386 P.2d 630, 631–632.

  3. Roger Allsop v. Cheyenne Newspapers

    2002 WY 22 (Wyo. 2002)   Cited 12 times

    Ward v. Yoder, Wyo. 1960, 355 P.2d 371, 376, reh. den., 357 P.2d 180; Montoya v. McManus, 1961, 68 N.M. 381, 362 P.2d 771. Words may not be inserted in a statutory provision under the guise of interpretation. Kirkwood v. Bank of America Nat. Trust Savings Ass'n, 1954, 43 Cal.2d 333, 273 P.2d 532. The Supreme Court will not read into laws what is not there. Durante v. Consumers Filling Station Company of Cheyenne, 1953, 71 Wyo. 271, 299, 257 P.2d 347, 356; Cook v. Hill, 1960, 224 Or. 565, 356 P.2d 1067. This court will not supply omissions in a statute and redress is with the legislature. Lo Sasso v. Braun, Wyo. 1963, 386 P.2d 630, 631-632.

  4. Lange v. Lawyer's Title Co.

    741 P.2d 109 (Wyo. 1987)   Cited 1 times

    Obviously, in result, but for these separate reasons, I concur with the court on appeal by the title insurance company as a malicious-prosecution counterclaim proceeding. I do not, however, conclude that § 1-14-128, W.S. 1977, 1987 Cum.Supp., or Rule 11, W.R.C.P., as rewritten by this court effective April 21, 1987, have served to supersede the procedural jurisdictional character of malicious prosecution as clearly established in Durante v. Consumers Filling Station Company of Cheyenne, 71 Wyo. 271, 257 P.2d 347 (1953), and since uniformly followed. I would reverse and remand for decision on plaintiff's right to legal subrogation on the claim that Wyoming National Bank had against Lawyer's Title under the forged deed, for which a reduced obligation to Lawyer's Title of $290,000 was created by order of this court.

  5. Goodman Inv., Inc. v. Swanston Equipment Co.

    299 N.W.2d 786 (N.D. 1980)   Cited 5 times
    In Goodman, 299 N.W.2d at 788-90, this Court decided the three-day written notice to quit, which is now called a notice of intention to evict, replaced the common law demand for payment and permitted a tenant to pay rent within the three-day period to abate the action and avoid forfeiture for nonpayment of rent.

    Chapter 33-06, N.D.C.C., does not provide that failure to pay the rent results in a forfeiture. In Durante v. Consumers Filling Station Co. of Cheyenne, 71 Wyo. 271, 257 P.2d 347, 356 (1953), the Wyoming Court, citing Dakota Hot Springs Co., supra, concluded Wyoming's forcible-entry and detainer statutes were not to be construed as providing for a forfeiture for failure to pay rent, stating: "While we may not disregard a plain and unequivocable requirement written into our law by the legislature-no matter how harsh and unjust it might seem to us-we do not feel called upon to read into our laws that which is not there written, especially when to do so would offend against equity and good conscience."

  6. Matter of Adoption of Voss

    550 P.2d 481 (Wyo. 1976)   Cited 117 times

    Ward v. Yoder, Wyo. 1960, 355 P.2d 371, 376, reh. den., 357 P.2d 180; Montoya v. McManus, 1961, 68 N.M. 381, 362 P.2d 771. Words may not be inserted in a statutory provision under the guise of interpretation. Kirkwood v. Bank of America Nat. Trust Savings Ass'n, 1954, 43 Cal.2d 333, 273 P.2d 532. The Supreme Court will not read into laws what is not there. Durante v. Consumers Filling Station Company of Cheyenne, 1953, 71 Wyo. 271, 299, 257 P.2d 347, 356; Cook v. Hill, 1960, 224 Or. 565, 356 P.2d 1067. This court will not supply omissions in a statute and redress is with the legislature. Lo Sasso v. Braun, Wyo. 1963, 386 P.2d 630, 631-632.

  7. Blanton v. Warn

    444 P.2d 325 (Wyo. 1968)   Cited 8 times

    She insists it cannot be assumed that the legislature meant paternity must have been judicially established within the two-year period after the birth since the statute does not spell this out and says the statute should be interpreted that no proceedings to enforce the obligations of the father shall be brought following the lapse of two years after paternity has been judicially established, maintaining that the action brought by the plaintiff was first to judicially establish paternity and if paternity should be so established the action for support would then become operative and subject to the jurisdiction of the court — the complaint allegedly being one for judicial determination of paternity, for support, and any other relief that the court might deem just and proper. Plaintiff quotes from Durante v. Consumers Filling Station Co. of Cheyenne, 71 Wyo. 271, 257 P.2d 347, 356, to the effect that this court may not disregard a plain and unequivocable requirement written into law by the legislature, emphasizing that it will not "read into our laws that which is not there," especially when to do so would offend against equity and good conscience, and accordingly concludes that § 14-91 does not provide when an action may be started judicially to establish paternity. Defendant responds that a statute which creates a new liability, gives an action unknown at common law to enforce it, and limits the time within which the action may be commenced is a statute of creation — the commencement of the action within the time it fixes being an indispensable condition of the liability — on the strength of Deckert v. Burns, 75 S.D. 229, 62 N.W.2d 879 — and further points to Impson v. State, 166 Okla. 246, 27 P.2d 359, and White v. State, 175 Okla. 522, 53 P.2d 675, as holding that a cause of action arising under the paternity statutes is a liability created by statute and

  8. Lamonica v. Bosenberg

    73 N.M. 452 (N.M. 1964)   Cited 16 times
    Holding that when alterations were made with the landlord's knowledge and implied consent, the tenant has no implied obligation to restore the leased premises at the end of the term to its prior condition

    The cases generally hold that where, as here, the alterations were made with the landlord's knowledge and implied consent, the tenant has no implied obligation to restore the leased premises at the end of the term. McKenzie v. Western Greenbrier Bank (W. Va.), 124 S.E.2d 234; Savage v. University State Bank, 263 Ill. App. 457; Arkansas Fuel Oil Co. v. Connellee (Tex.Civ.App.) 39 S.W.2d 99; Civic Realty Co. v. New York Tel. Co., 16 Misc.2d 660, 190 N.Y.S.2d 3; Durante v. Consumers Filling Station Co. of Cheyenne, 71 Wyo. 271, 257 P.2d 347. Plaintiff asserts that the alterations render the premises unfit for the purpose for which they were formerly used and that such alterations therefore constitute legal waste for which she is entitled to damages.

  9. Consumers Filling Station v. Durante

    79 Wyo. 237 (Wyo. 1958)   Cited 11 times

    Durante appealed from this judgment. This supreme court entered its mandate of affirmance on June 22, 1953, in the case of Durante v. Consumers Filling Station Co. of Cheyenne, 71 Wyo. 271, 257 P.2d 347. On May 5, 1954, Consumers commenced this action in the district court, alleging malicious prosecution by reason of said actions, and claiming damages resulting therefrom, and issue was joined thereon.

  10. Eastwood v. Wyo. Hwy. Dept

    301 P.2d 818 (Wyo. 1956)   Cited 15 times
    In Eastwood v. Wyoming Highway Department, 76 Wyo. 247, 301 P.2d 818 (1956), however, this Court made clear that the requirement of a justiciable controversy may be relaxed in cases involving matters of sufficient public interest.

    But the court will not do that, and we would not ask it, unless the language present clearly required an addition. Durante v. Consumers Filling Station, 71 Wyo. 271, 299, 257 P. 347. The language or basis for added language must be found in the law.