Small v. Johnson County Savings Bank
Wyoming Supreme Court
ERROR to the District Court, Sheridan County, HoN. Carroll H. Parmsli®, Judge. Heard on motion to dismiss for failure of plaintiff in error to file his brief- within the time prescribed by the rules of court. argued and contended that the defendant in error is not prejudiced by'the failure' to file the brief in time, since its counsel was served-with a copy within the prescribed period; and that the rule provides for dismissal on this ground only where there is a - failure…
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ERROR to the District Court, Sheridan County, HoN. Carroll H. Parmsli®, Judge. Heard on motion to dismiss for failure of plaintiff in error to file his brief- within the time prescribed by the rules of court. argued and contended that the defendant in error is not prejudiced by'the failure' to file the brief in time, since its counsel was served-with a copy within the prescribed period; and that the rule provides for dismissal on this ground only where there is a - failure to both file and serve brief. That no inconvenience or prejudice to the opposing party appearing, the delay should not…
1Opinion of the Court
Beard, Justice.
The defendant in error has filed a motion to dismiss the proceedings in error for the reason that plaintiff in error has failed to comply with rule 15 of this court relative to the time of filing briefs.
That rule provides that within sixty days after filing his petition in error, the plaintiff in error shall file with the clerk four copies of his brief, and shall also within that period serve upon or mail to the opposite party, or his attorney of record, one other copy of such brief. By rule 20 it is provided that by consent of parties, or for good cause shown before the…
2Cases cited5 opinions
- Cronkhite v. BothwellWyoming Supreme Court · 1892
- Phillips v. BrillWyoming Supreme Court · 1907
- Robertson v. ShorowWyoming Supreme Court · 1902
- Cook v. South Omaha National BankWyoming Supreme Court · 1904
- Sheehan v. First Macy Ditch Co.Wyoming Supreme Court · 1903
3Cited by9 opinions
- Tobin v. PurselWyoming Supreme Court · 1975
- Flowers v. FlowersSupreme Court of Oklahoma · 1923
- State v. KellyWyoming Supreme Court · 1925
- Ford v. TownsendWyoming Supreme Court · 1914
- Starley v. WildeWyoming Supreme Court · 1937
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