Freeburgh v. Lamoureux
Wyoming Supreme Court
ERROR to the District Court, Fremont County, Hon. Charlas W. Brambl, Judge. Heard on motion of plaintiff in error for leave to withdraw the record, for the purpose of applying to the court 'below to amend the bill of exceptions. The proposed amendment will state facts, and will agree with the journal entry, a transcript of which is on file in this court.
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ERROR to the District Court, Fremont County, Hon. Charlas W. Brambl, Judge. Heard on motion of plaintiff in error for leave to withdraw the record, for the purpose of applying to the court 'below to amend the bill of exceptions. The proposed amendment will state facts, and will agree with the journal entry, a transcript of which is on file in this court. It would appear, therefore, that if there can be a proper case for amendment of this kind, the present case meets every requirement. An appellate court may avail itself of authentic matters outside of the record, subsequent to the decree, for…
1Opinion of the Court
Beard, Justice.
This case is before this court at this time upon the motion' of plaintiff in error for leave to withdraw the record for the purpose of applying to the District Court to have the bill of exceptions amended.
The case was appealed to this court in August, 1901, and was submitted upon the merits and taken under advisement upon plaintiff’s brief, defendants having failed to file briefs, April 26, 1902. Before it was decided and on January 10, 1903, the defendant, Lamoureux, obtained an order permitting him to file a motion to strike the bill of exceptions from the record for the…
2Cases cited1 opinion
- Freeburgh v. LamoureuxWyoming Supreme Court · 1903
3Cited by2 opinions
- Armstrong v. Spokane International Railway Co.Washington Supreme Court · 1918
- Hamilton v. DiefenderferWyoming Supreme Court · 1912