Mahaney v. Hunter Enterprises

Plaintiff, acting under § 14-5.1, W.S. 1957 (Compiled 1965), brought suit for $300 damage caused by the willful and malicious breaking of plaintiffs plate-glass store window and the taking of property by defendants 13 and 16-year-old sons. Defendants unsuccessfully moved to dismiss on the ground of failure to state a claim upon which relief could be granted and of the unconstitutionality of the statute under which the action was brought ? then answered raising the same defenses. After the facts alleged in the petition were stipulated, the court entered a judgment for the amount claimed; and this appeal has resulted, the sole question being whether the trial court erred in overruling defendants motion to dismiss the complaint and entering judgment for plaintiff.