Coffee v. Harris
Wyoming Supreme Court
Appeal from the District Court of Goshen County, Hon. William C. Mentzer, Judge. Action by Charles F. Coffee against Silas Harris and others. There was a judgment for plaintiffs and defendants appeal. Cause- heard on motion to dismiss the appeal. The transcript of judgment does not show the date of its entry so that it is impossible to say when it was entered.
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Appeal from the District Court of Goshen County, Hon. William C. Mentzer, Judge. Action by Charles F. Coffee against Silas Harris and others. There was a judgment for plaintiffs and defendants appeal. Cause- heard on motion to dismiss the appeal. The transcript of judgment does not show the date of its entry so that it is impossible to say when it was entered. The record being silent as to when the judgment was entered, it is impossible to determine whether the filing of the record on appeal was within the 70 day period prescribed by statute. If the court assumes that the judgment was entered…
1Opinion of the CourtKimball, J.
This case is here on appeal, and the respondents move to strike the record and dismiss the appeal, upon three grounds.
The first two grounds may be considered together. They are based upon the claim that the record fails to disclose the date of the entry of the judgment from which the appeal is taken, and, therefore, does not show that the notice of appeal was served and filed within the time provided by the statute, which is now § 6402, Comp. St. Wyo. 1920. In support of the contention counsel cite Hahn v. Citizen’s State Bank, 25 Wyo. 467, 171 Pac. 889, 172 Pac. 705, and Goodrich v. Bank, 26…
Also in this document: Concurrence.
2Cases cited31 opinions
- Hahn v. Citizens State BankWyoming Supreme Court · 1918
- Ætna Life Insurance v. KoonsSupreme Court of Kansas · 1881
- Newbury v. Getchell & Martin Lumber & Manufacturing Co.Supreme Court of Iowa · 1898
- Abel v. BlairSupreme Court of Oklahoma · 1895
- Hill v. City of ChicagoIllinois Supreme Court · 1905
26 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Adams v. HobbsSupreme Court of Oklahoma · 1950
- Cottier v. SullivanWyoming Supreme Court · 1934
- Spencer v. PringleWyoming Supreme Court · 1937
- Barnett v. Bankers' Finance Ass'nWyoming Supreme Court · 1928
- State v. KellyWyoming Supreme Court · 1925
9 more not listed; retrieve them via the Exa API.