Freeburgh v. Lamoureux
Wyoming Supreme Court
Error to the District Court, Fremont County, HoN. Charles W. Bramel, Judge. On motion to strike the bill of exceptions from the record. There is no case in this court expressly deciding- that the order overruling the motion for new trial, and the exception thereto, must appear in the bill. The office of the bill is to bring into the record the testimony and the papers which are not otherwise parts of the record.
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Error to the District Court, Fremont County, HoN. Charles W. Bramel, Judge. On motion to strike the bill of exceptions from the record. There is no case in this court expressly deciding- that the order overruling the motion for new trial, and the exception thereto, must appear in the bill. The office of the bill is to bring into the record the testimony and the papers which are not otherwise parts of the record. (McGonigle v. Arthur, 27 O. St., 252; Horner v.-Batdorf, 35 id., 117; Young v. Martin, 8 Wall., 354.) The judgment and orders made in the progress- of the'cause are proper matters of…
1Opinion of the Court
PoTTRR, JuSTICR.
On behalf of one of the defendants in error, a motion is filed in this cause to strike the bill of exceptions from the *43record on the ground that it sets forth only such exceptions as could have been reviewed by the trial court on a motion for a new trial, and that the bill fails to show that such motion was either sustained or overruled by the court below, or that any exception was reserved by plaintiff in error to whatever order was made upon it.
The bill of exceptions contains a motion for new trial by the plaintiff in error, who was defendant below; but there is no…
2Cases cited20 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- McMechan v. ChristySupreme Court of Oklahoma · 1895
- Seibel v. BathWyoming Supreme Court · 1895
- State ex rel. Howard County v. BurckharttSupreme Court of Missouri · 1884
- Perkins v. McDowellWyoming Supreme Court · 1890
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3Cited by14 opinions
- Seng v. StateWyoming Supreme Court · 1913
- Posvar v. PearceWyoming Supreme Court · 1928
- Board of Com'rs. v. Casper Nat. BankWyoming Supreme Court · 1939
- "W" Sheep Co. v. Pine Dome Oil Co.Wyoming Supreme Court · 1924
- Fitzpatrick v. RoganWyoming Supreme Court · 1922
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