(DOWNLOAD) "White v. Fisher" by Supreme Court of Wyoming # Book PDF Kindle ePub Free
eBook details
- Title: White v. Fisher
- Author : Supreme Court of Wyoming
- Release Date : January 02, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The question which we shall address in this opinion is that of the constitutional propriety of the enactment of a statute by the legislature prescribing a rule of procedure in civil actions. In a civil action seeking money damages for medical malpractice the district court applied the provisions of § 1-1-114, W.S. 1977, which prohibit any allegation of the dollar amount of damages in "the ad damnum clause or prayer for damages incorporated in a pleading." The plaintiffs (appellants in this court) had alleged the dollar amount of their damages, and the district court dismissed their complaint. We hold the statute to be an invasion of the constitutional powers of the judicial branch of government, and we reverse the district court.