Legal Opinion

Ryan v. Snyder

Wyoming Supreme Court

Decided August 26, 1921No. 1042PublishedCited by 3 opinions

ErroR to the District Court, Converse County, Hon. Ralph Kimball, Judge. Heard on Motion to Dismiss The motion filed by plaintiff in error for a new trial was filed out of time and was ordered stricken by the trial court for that reason. The statute requires such motions to be filed within ten days after the report, verdict or decision is rendered except for a cause of newly discovered evidence. (Sec. 5872,'Wyo. Comp. Stats. 1920.) This requirement is. mandatory.

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ErroR to the District Court, Converse County, Hon. Ralph Kimball, Judge. Heard on Motion to Dismiss The motion filed by plaintiff in error for a new trial was filed out of time and was ordered stricken by the trial court for that reason. The statute requires such motions to be filed within ten days after the report, verdict or decision is rendered except for a cause of newly discovered evidence. (Sec. 5872,'Wyo. Comp. Stats. 1920.) This requirement is. mandatory. (Casteel v. State, 9 Wyo. 267; 62 Pae. 348; Boswell y. Bliler, 9 Wyo. 279; 62 Pac. 350; Todd v. Peterson, 13 Wyo. 513; 81 Pac. 878;…

1Opinion of the CourtPotter, C. J.

This cause is here on error, and has been submitted on two motions filed by defendant in error, the first, a motion filed on May 2, 1921, to strike the petition in error filed on April 1, 1921, and to dismiss the proceeding, and the second, a motion filed on June 7, 1921 to dismiss the proceeding in error for the failure of the plaintiffs in error to file and serve briefs. The first motion was heard on May 9, and had' not been disposed of but remained under advisement at the time of the said filing of the second motion and its submission on June 14; said second motion having been submitted on…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. Perkins v. McDowellWyoming Supreme Court · 1890
  2. Bank of Chadron v. AndersonWyoming Supreme Court · 1898
  3. Chatterton v. BonelliWyoming Supreme Court · 1921
  4. Boner v. Fall River County BankWyoming Supreme Court · 1917
  5. Reynolds v. MortonWyoming Supreme Court · 1914

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3Cited by3 opinions

  1. Hartford Mining Co. v. Home Lumber & Coal Co.Nevada Supreme Court · 1940
  2. Loucks v. AustinWyoming Supreme Court · 1926
  3. Miller v. New York Oil Co.Wyoming Supreme Court · 1925

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