Summary 2013 WY 151

Summary of Decision December 11, 2013

Justice Voigt delivered the opinion for the Court. Remanded for new trial.

Case Name: JOHN C. McTIERNAN, BEAR CLAW CATTLE COMPANY, and GAIL SISTRUNK v. JAMES L. JELLIS

Docket Number: S-13-0109

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Sheridan County, the Honorable Steven R. Cranfill, Judge

Representing Appellants: Jeffrey J. Gonda and Amanda K. Roberts of Lonabaugh and Riggs, LLP, Sheridan, Wyoming; and Bruce S. Asay and Gregory B. Asay of Associated Legal Group, LLC, Cheyenne, Wyoming. Argument by Mr. Gonda.

Representing Appellee: Kendal R. Hoopes of Yonkee & Toner, LLP, Sheridan, Wyoming.

Date of Decision: December 11, 2013

Facts: James Jellis is a rancher in Sheridan County, Wyoming, and owns a beefalo cattle herd. Pursuant to an oral agreement with John McTiernan, Jellis kept his herd on McTiernan’s ranch near Dayton, Wyoming. A dispute arose between the parties regarding their oral agreement, culminating in a lien being asserted by McTiernan and a legal action being filed by Jellis. The jury found, inter alia, McTiernan liable for conversion of Jellis’ beefalo herd, but also found McTiernan entitled to a lien against the same pursuant to Wyo. Stat. Ann. § 29-7-101 et seq. McTiernan filed a post-trial motion based on several theories, including that a new trial was warranted because of the inconsistent verdict.

Issues: The dispositive question in this matter is one that concerns whether a new trial is necessary because of an inconsistent verdict; for that reason, we restate the controlling issue as follows: Is the jury’s verdict finding McTiernan liable for conversion of a beefalo herd, while at the same time finding him entitled to a lien against the same pursuant to Wyo. Stat. Ann. § 29-7-101 et seq., contrary to law?

Holdings/Decision: A lien under Chapter 7 of Title 29 is possessory and its existence dependent upon possession of the subject personal property. As a result, the jury’s finding that McTiernan was liable for conversion is inconsistent as a matter of law with its finding that McTiernan was also entitled to a personal property lien pursuant to Wyo. Stat. Ann. § 29-7-101 et seq. We find the verdict is contrary to law and cannot be reconciled; therefore, we must conclude the district court abused its discretion in denying McTiernan’s motion for new trial. We remand to the district court for a new trial.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court

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