Wyoming Statutes

Wyo. Stat. § 8-1-101 (2026)

Adoption of common law.

✓ current as of May 2026

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The common law of England as modified by judicial decisions, so
far as the same is of a general nature and not inapplicable, and
all declaratory or remedial acts or statutes made in aid of, or
to supply the defects of the common law prior to the fourth year
of James the First (excepting the second section of the sixth
chapter of forty-third Elizabeth, the eighth chapter of
thirteenth Elizabeth and ninth chapter of thirty-seventh Henry
Eighth) and which are of a general nature and not local to
England, are the rule of decision in this state when not
inconsistent with the laws thereof, and are considered as of
full force until repealed by legislative authority.

Notes of Decisions

Cited in 25 cases (1 in the last 5 years), 1979–2024 · leading case: McClellan v. Tottenhoff, 666 P.2d 408 (Wyo. 1983).

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McClellan v. Tottenhoff, 666 P.2d 408 (Wyo. 1983). · cites it 21× “2d 714 (1979), Wyoming's adoption of the common law under § 8-1-101, W.S. 1977, was not an adoption of a set code of law.”

Worthington v. State, 598 P.2d 796 (Wyo. 1979). · cites it 10× “In order to make this determination, there are two queries which should be considered and which are: (1) Is the doctrine of sovereign immunity, as contrasted to so-called governmental or municipal immunity, a part of our statutory body of law as a result of the adoption of §…”

Gates v. Richardson, 719 P.2d 193 (Wyo. 1986). · cites it 4× “Section 8-1-101, W.S. 1977 (August 1978 Replacement), provides: "The common law of England as modified by judicial decisions, so far as the same is of a general nature and not inapplicable, and all declaratory or remedial acts or statutes made in aid of, or to supply the defects…”

Briefing. Com v. Jones, 2006 WY 16 (Wyo. 2006). · cites it 8× “Wyo. Stat. Ann. § 8-1-101 (LexisNexis 2005) provides as follows: The common law of England as modified by judicial decisions, so far as the same is of a general nature and not inapplicable, and all declaratory or remedial acts or statutes made in aid of, or to supply the defects…”

Mills v. Reynolds, 837 P.2d 48 (Wyo. 1992). · cites it 4× “§ 8-1-101 contains today: The common law of England as modified by judicial decisions, so far as the same is of a general nature and not inapplicable, and all declaratory or remedial acts or statutes made in aid of, or to supply the defects of the common law * * * are the rule…”

Brenner v. City of Casper, 723 P.2d 558 (Wyo. 1986). · cites it 4× “1978 Replacement), reads: "The common law of England as modified by judicial decisions, so far as the same is of a general nature and not inapplicable, and all declaratory or remedial acts or statutes made in aid of, or to supply the defects of the common law prior to the fourth…”

Clarke v. Beckwith, 858 P.2d 293 (Wyo. 1993). · cites it 3× “§ 8-1-101 (1989). [3] § 343. Dangerous Conditions Known to or Discoverable by Possessor A possessor of land is subject to liability for physical harm caused to his invitees by a condition on the land if, but only if, he (a) knows or by the exercise of reasonable care would…”

Greenwalt v. Ram Restaurant Corp. of Wyoming, 2003 WY 77 (Wyo. 2003). · cites it 2× “Wyo. Stat. Ann. § 8-1-101 (Lexis-Nexis 2001); and see, Snell v.”

Weaver v. Mitchell, 715 P.2d 1361 (Wyo. 1986). · cites it 2× “The statute (§ 8-1-101, W.S.1977) by which such adoption was made reads: “ ‘The common law of England as modified by judicial decisions, so far as the same is of a general nature and not inapplicable, and all declaratory or remedial acts or statutes made in aid of, or to supply…”

Nulle v. Gillette-Campbell Cnty. Jt. Powers Fire Bd., 797 P.2d 1171 (Wyo. 1990). · cites it 2× “In an unwavering line of decisions over the last fifty years, this court has emphasized that [A]lthough W.S. 8-1-101 adopts the common law as the law of this state, we have held that we will recognize the common law as modified by judicial decisions and will adopt that…”

Cross v. Berg Lumber Co., 7 P.3d 922 (Wyo. 2000). · cites it 2× “Wyo. Stat. Ann. § 8-1-101 (Lexis 1999); see State v.”

Proffit v. State, 2008 WY 102 (Wyo. 2008). · cites it 2× “Given that the common law right of confrontation and the common law hearsay rule “stem from the same roots,” it would be illogical to apply forfeiture by wrongdoing to the constitutional right, while denying its application to the rule of evidence.”

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