Hawley v. LeClair
Wyoming Supreme Court
Error to the District Court, Fremont County, Hon. Charles E. Carpenter, Judge. The facts are stated in the opinion. An order denying a motion to strike a bill of exceptions from the files is a final order. ('62 O. St. 202; Baxter v. Coughlin, 80 Minn. 322; Rev. Stat. 1899, Sec. 4227.) A bill must be filed after allowance and is no part of the record until allowed and made such by proper order.
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Error to the District Court, Fremont County, Hon. Charles E. Carpenter, Judge. The facts are stated in the opinion. An order denying a motion to strike a bill of exceptions from the files is a final order. ('62 O. St. 202; Baxter v. Coughlin, 80 Minn. 322; Rev. Stat. 1899, Sec. 4227.) A bill must be filed after allowance and is no part of the record until allowed and made such by proper order. (Sec. 3743.) The statute does not provide for depositing a bill with the clerk, but it must be presented to the court or the judge. (Sec. 3743; Sterling v. Wagner, 31 Pac. 1032.) The most that can be…
1Opinion of the Court
PoTTER, Citiee Justice.
- This is a proceeding in error for the review of an order of the District Court in Fremont County overruling a motion of the plaintiffs in error to strike from the files the bill-of exceptions of the defendant in error. The plaintiffs *5in error were defendants below and upon .a trial of the cause recovered judgment against defendant, in error, the plaintiff below. In further referring to thé parties the plaintiffs in error will be referred to as defendants, and the defendant in error as the plaintiff. ■ Upon the overruling of the plaintiff’s motion for a new trial an…
2Cases cited4 opinions
- People v. LeeCalifornia Supreme Court · 1860
- Miller v. American Central InsuranceCalifornia Court of Appeal · 1905
- Kowalsky v. KerriganCalifornia Supreme Court · 1901
- Costello v. FerrariniU.S. Circuit Court for the District of Massachusetts · 1908
3Cited by3 opinions
- Hamill v. Joseph Schlitz Brewing Co.Supreme Court of Iowa · 1913
- Gilpatrick v. PerryWyoming Supreme Court · 1920
- Boulter v. CookWyoming Supreme Court · 1924