Wyoming Loan & Trust Co. v. W. H. Holliday Co.
Wyoming Supreme Court
Error to district court, Albany county. This was an action brought by the Wyoming Loan & Trust Company against the W. H. Holliday Company to recover the sum of $1,149.44 upon an account for certain glass alleged to have been sold by the plaintiff to the defendant. The case was tried without the intervention of a jury, and resulted in a finding and judgment for the plaintiff in the sum of $213.63. The plaintiff now prosecutes this proceeding in error to reverse that judgment.
1Opinion of the CourtVan Devantee, C. J.
In its petition in error the plaintiff makes eight assignments of error, seven of which relate to alleged errors occurring upon the trial. These can only be preserved in the record through a motion for a new trial in the court below, and, if not so preserved, they are waived. When such matters have been made the basis of a motion for a new trial, they .are sufficiently questioned in this court by assigning error in the overruling of that motion. U. S. v. Trabing, *387(Wyo.) 6 Pac. Rep. 721; 1 Wolcott v. Bachman, (Wyo.) 23 Pac. Rep. 72.2 The eighth assignment complains ol the overruling of the…
2Cases cited4 opinions
- Central Union Telephone Co. v. State ex rel. Board of CommissionersIndiana Supreme Court · 1887
- Garrison v. StateIndiana Supreme Court · 1887
- United States v. TrabingWyoming Supreme Court · 1885
- Wolcott v. BachmanWyoming Supreme Court · 1890
3Cited by10 opinions
- Davis v. Minnesota Baptist Convention of MinneapolisWyoming Supreme Court · 1932
- Pitman v. StateCourt of Criminal Appeals of Oklahoma · 1971
- Royal Insurance v. Walker Lumber Co.Wyoming Supreme Court · 1915
- Wheaton v. RampackerWyoming Supreme Court · 1891
- McCague Investment Co. v. MallinWyoming Supreme Court · 1915
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