McGinnis v. Beatty
Wyoming Supreme Court
Appeal from the District Court of Niobrara County; Hon. Eenest C. Raymond, Judge. On re-hearing of motion to dismiss. It does not appear that a record on appeal was ordered prepared or filed; specifications of error were not served upon counsel for respondent; this court is without jurisdiction, Culbertson v. Ainsworth, (Wyo.) 181 Pac. 418. The omissions cannot be cured by affidavit, Hahn v. Bank, 25 Wyo. 467; 172 Pae. 705 • There was not a substantial compliance with the…
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Appeal from the District Court of Niobrara County; Hon. Eenest C. Raymond, Judge. On re-hearing of motion to dismiss. It does not appear that a record on appeal was ordered prepared or filed; specifications of error were not served upon counsel for respondent; this court is without jurisdiction, Culbertson v. Ainsworth, (Wyo.) 181 Pac. 418. The omissions cannot be cured by affidavit, Hahn v. Bank, 25 Wyo. 467; 172 Pae. 705 • There was not a substantial compliance with the statute. The statute must be followed to confer jurisdiction. The right of appeal is statutory and jurisdiction on appeal…
1Opinion of the Court
PotteR, Chief Justice.
This ease, here on direct appeal, has been heard the second time on a motion to dismiss, reinstatement having been ordered and a re-hearing granted after a former decision sustaining the motion. Thereupon the record on appeal was ordered returned to the district court, on appellant’s application, for amendment so as to include a certified copy of the journal entry of the order appealed from, the appeal having been dismissed for the reason that the record did not contain such journal entry or anything to show that the order had been entered. 26 Wyo. 409, 186 Pac. 120. The…
Also in this document: Concurrence.
2Cases cited7 opinions
- Hahn v. Citizens State BankWyoming Supreme Court · 1918
- Culbertson v. AinsworthWyoming Supreme Court · 1919
- Carney Coal Co. v. BenedictWyoming Supreme Court · 1914
- Reynolds v. MortonWyoming Supreme Court · 1914
- Union Pacific Railroad v. GraceWyoming Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Rafferty v. Northern Utilities Co.Wyoming Supreme Court · 1955
- McGinnis v. BeattyWyoming Supreme Court · 1922
- Coffee v. HarrisWyoming Supreme Court · 1921
- English v. SmithWyoming Supreme Court · 1953
- McClintock v. AyersWyoming Supreme Court · 1926
8 more not listed; retrieve them via the Exa API.