Legal Opinion

International Harvester Co. v. Jackson Lumber Co.

Wyoming Supreme Court

Decided January 21, 1918No. 872PublishedCited by 12 opinions

Error to District Court, Sweetwater County; HoN. John R. ArNoud, Judge. Action by the International Harvester Company of America against the Jackson Lumber Company, a co-partnership, and others. From a. judgment for defendants, plaintiff brings error, and defendants move to strike the bill of exceptions from the record and to dismiss the proceedings.

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Error to District Court, Sweetwater County; HoN. John R. ArNoud, Judge. Action by the International Harvester Company of America against the Jackson Lumber Company, a co-partnership, and others. From a. judgment for defendants, plaintiff brings error, and defendants move to strike the bill of exceptions from the record and to dismiss the proceedings. No order was made granting plaintiff time to prepare and present the bill of exceptions, nor even a request by a plaintiff for time to do so. The bill must be stricken. (Smith Co. v. Drug Co., 5 Wyo. 510.) The only exception to the rule is a…

1Opinion of the Court

Beard, Justice.

This case is 'before the court at this time upon the motion of defendant in error to strike the bill of exceptions from *369the record, and to dismiss the proceeding's in error upon the grounds that the bill of exceptions was not presented for allowance within the time allowed by law; and was not so presented until after the filing of the petition in error.

The motion for a new trial was denied March 31, 1916, to which decision of the District Court in denying said motion the plaintiff at the time duly objected and excepted; but it does not appear either in the bill, or the…

2Cases cited13 opinions

  1. United States v. FisherSupreme Court of the United States · 1805
  2. Lake County v. RollinsSupreme Court of the United States · 1889
  3. Rasmussen v. BakerWyoming Supreme Court · 1897
  4. The People Ex Rel. Jackson v. . PotterNew York Court of Appeals · 1872
  5. Newell v. People Ex Rel. PhelpsNew York Court of Appeals · 1852

8 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. McKinney v. McKinneyWyoming Supreme Court · 1943
  2. Demos v. BOARD OF CTY. COMMRS. OF NATRONA CTY.Wyoming Supreme Court · 1977
  3. Jones Ex Rel. Jones v. State Department of HealthWyoming Supreme Court · 2001
  4. Chatterton v. BonelliWyoming Supreme Court · 1921
  5. Gale v. School Distrcit No. 4Wyoming Supreme Court · 1936

7 more not listed; retrieve them via the Exa API.

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