Hogan v. Peterson
Wyoming Supreme Court
EeRob to the District Court, Fremont County, Hon. Jesse Knight, Judge. Replevin. The material facts áre stated in the opinion. The calling of a jury to try the cause, after a waiver thereof by the parties, was error. '(R. S., Sec. 2567; Syndicate Imp. Co. t. Bradley, 6 Wyo., 171; Suth. Stat. Const., 587; 60 Pa. St., 464.) In case of a conflict between the journal entry as to the matter of calling a jury, and the bill of exceptions, the latter must control.
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EeRob to the District Court, Fremont County, Hon. Jesse Knight, Judge. Replevin. The material facts áre stated in the opinion. The calling of a jury to try the cause, after a waiver thereof by the parties, was error. '(R. S., Sec. 2567; Syndicate Imp. Co. t. Bradley, 6 Wyo., 171; Suth. Stat. Const., 587; 60 Pa. St., 464.) In case of a conflict between the journal entry as to the matter of calling a jury, and the bill of exceptions, the latter must control. (Roy v. U. M. Co., 3 Wyo., 417.) The law presumes that when a settlement is made, such as that made between Hogan and Chandler and Mrs.…
1Opinion of the Court
Pottee, Chief Justice.
The first question for our determination relates to the bill of exceptions. Counsel for defendant in error contend that the bill is not entitled to consideration for the reason that it is not shown by the record proper, that it was reduced to writing and presented for allowance within the time allowed by the order of the court.
By an order regularly entered in the'journal at the term when the exceptions were taken, and at the time of overruling the motion for new trial, the plaintiffs in error were given time until and including the first day of the next term of the court…
Also in this document: Concurrence.
2Cases cited6 opinions
- Bank of Chadron v. AndersonWyoming Supreme Court · 1898
- North Platte Milling & Elevator Co. v. PriceWyoming Supreme Court · 1893
- C. D. Smith Drug Co. v. Casper Drug Co.Wyoming Supreme Court · 1895
- McBride v. Union Pac. Ry. Co.Wyoming Supreme Court · 1888
- Syndicate Improvement Co. v. BradleyWyoming Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McIntosh v. WalesWyoming Supreme Court · 1913
- Myers v. CarnahanWest Virginia Supreme Court · 1907
- Mayland v. StateWyoming Supreme Court · 1977
- Harden v. CardWyoming Supreme Court · 1906
- Jeremy Fuel & Grain Co. v. Denver & R. G. R.Utah Supreme Court · 1921
6 more not listed; retrieve them via the Exa API.