Legal Opinion · Dissent

McBride v. Union Pac. Ry. Co.

Wyoming Supreme Court

Decided February 1, 1889Published

Error from district court. Action for personal injuries by John McBride against the Union Pacific Railway Company. Defendant had judgment, and, on the refusal of the court to grant a new trial, plaintiff brings error.

1Dissent

Saufley, J.,

(dissenting.) At tire last term of this court, and before this cause stood regularly for hearing upon its merits, the defendant in error submitted to the court a motion to dismiss the petition upon the ground that the paper purporting to be a bill of exceptions, and which is attached only to the petition in error, was allowed and signed by the judge of the trial court in vacation, and that the record nowhere outside the alleged bill shows that a bill was allowed. On the hearing of that motion the majority of the court overruled it. 18 Pac. Rep. 635.1 Differing at that time from my…

2Cases cited37 opinions

  1. Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
  2. Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
  3. Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
  4. Booth v. . Boston and Albany R.R. Co.New York Court of Appeals · 1878
  5. Mad River & Lake Erie Railroad v. BarberOhio Supreme Court · 1856

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