Allen v. Lewis
Wyoming Supreme Court
Appeal from District Court, Washakie County; Hon. P. W. Metz, Judge. Action by A. T. Allen against W. O. Lewis. From an order granting plaintiff a new trial, defendant appeals.
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Appeal from District Court, Washakie County; Hon. P. W. Metz, Judge. Action by A. T. Allen against W. O. Lewis. From an order granting plaintiff a new trial, defendant appeals. On September 14th, twenty-eight days after the date of the filing of plaintiff’s specifications of error, the judge assumed to pass upon the record and grant a new trial; the inquiry involves the question of the jurisdiction of the trial court to make such an order more than twenty days after the filing of the specifications in error; secondly, the propriety of granting a new trial; our statute on direct appeals…
1Opinion of the Court
PotteR, Justice.
This action was brought in the District Court of Washakie county by A. T. Allen as plaintiff against W. O. Lewis as defendant, and upon a trial to the court without a jury *90judgment was rendered in favor of the defendant. Thereupon plaintiff filed and served notice of appeal, caused a record on the appeal to be prepared, and filed and served specifications of error, the latter appearing to have been filed with and as part of the record on August 17, 1917. Upon consideration of said specifications of error and a review of the record a new trial of the cause was granted 'by the…
Also in this document: Concurrence.
2Cases cited29 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Furman v. . FurmanNew York Court of Appeals · 1897
- Matter of Application of La DueCalifornia Supreme Court · 1911
- De Vall v. De VallOregon Supreme Court · 1911
- Skaar v. EppelandNorth Dakota Supreme Court · 1916
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3Cited by20 opinions
- Wyoming State Treasurer v. City of CasperWyoming Supreme Court · 1976
- City of Rock Springs v. SturmWyoming Supreme Court · 1929
- Coumas v. Transcontinental Garage, Inc.Wyoming Supreme Court · 1951
- Horse Creek Conservation District v. Lincoln Land Co.Wyoming Supreme Court · 1939
- Miller v. Aetna Life InsuranceMontana Supreme Court · 1936
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