Todd v. Peterson
Wyoming Supreme Court
ERROR to the District Court, Johnson County, Hon. Joseph E- Stotts, Judge. Heard on motion to strike the bill of exceptions from the files and ^dismiss the proceeding in. error. The facts are stated'in the opinion. for the motion. The filing of a motion for a new trial in the office of the clerk of court of Sheridan County was not a compli-anee with Section 3748, prescribing the time for filing such a motion, as the cause was'not pending in that-county.
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ERROR to the District Court, Johnson County, Hon. Joseph E- Stotts, Judge. Heard on motion to strike the bill of exceptions from the files and ^dismiss the proceeding in. error. The facts are stated'in the opinion. for the motion. The filing of a motion for a new trial in the office of the clerk of court of Sheridan County was not a compli-anee with Section 3748, prescribing the time for filing such a motion, as the cause was'not pending in that-county. The District Court sitting in Johnson County had no. authority to permit the motion for a new trial to be filed in that county as of the date…
1Opinion of the Court
Potter, Chief Justice.
This cause was submitted upon the motion of defendant in error to strike the bill of exceptions from the record and to dismiss the proceeding in error. The ground of the motion is that every question involved in the case could have been properly assigned as ground for a new trial in the court below, and that no such motion was filed within the time required by law.
It appears from the record in the cause that the defendant in error brought separate actions in the District Court in Johnson County against Hilda Todd and the Ivingsbury-Todd Company, respectively, and that…
2Cases cited14 opinions
- Carroll v. Centralia Water Co.Washington Supreme Court · 1893
- Seibel v. BathWyoming Supreme Court · 1895
- Winkleman v. WinklemanSupreme Court of Iowa · 1890
- Bank of Chadron v. AndersonWyoming Supreme Court · 1898
- Wescott v. EcclesUtah Supreme Court · 1883
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3Cited by4 opinions
- Coult v. McIntosh Investment Co.Supreme Court of Florida · 1938
- Hudson Coat Co. v. HaufWyoming Supreme Court · 1910
- Blonde v. MerriamWyoming Supreme Court · 1913
- Ross v. StateWyoming Supreme Court · 1908