Bank of Chadron v. Anderson
Wyoming Supreme Court
ERROR to the District .Court for Weston County. Hon.. Joseph L. Stotts, Judge. The case is stated in the opinion. (In opposition to the motion to dismiss.) The original motion for a new trial was, in fact, a part of the bill when allowed by the judge, and was, in fact, then annexed to it and examined by the judge, as will appear by the affidavit filed herein.
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ERROR to the District .Court for Weston County. Hon.. Joseph L. Stotts, Judge. The case is stated in the opinion. (In opposition to the motion to dismiss.) The original motion for a new trial was, in fact, a part of the bill when allowed by the judge, and was, in fact, then annexed to it and examined by the judge, as will appear by the affidavit filed herein. The code provides that all defects in matters of form in every stage of a litigation shall be disregarded by the court, if it appear that every substantial requirement of the law has been fulfilled. The law is silent regarding the…
1Opinion of the Court
PotteR, Chief Justice.
A motion is made to dismiss this cause on the ground that the motion for new trial, the order overruling the same, and the exceptions reserved thereto are not embraced in .the bill of exceptions, and that the record, therefore, presents no reviewable error.
The motion and the entire cause were heard together. *446In opposition to the motion to dismiss it is suggested that the motion for new trial was attached to the bill of exceptions at the time the same was presented, allowed, and signed, but by inadvertence it was not marked as an exhibit, and an affidavit of counsel for…
2Cases cited2 opinions
- Bank of Chadron v. AndersonWyoming Supreme Court · 1897
- Van Horn v. StateWyoming Supreme Court · 1895
3Cited by15 opinions
- Mitter v. Black Diamond Coal Co.Wyoming Supreme Court · 1920
- Freeburgh v. LamoureuxWyoming Supreme Court · 1903
- Harden v. CardWyoming Supreme Court · 1906
- Seng v. StateWyoming Supreme Court · 1913
- Hogan v. PetersonWyoming Supreme Court · 1899
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