School District No. 3 v. Western Tube Co.
Wyoming Supreme Court
Error to the District Court, Carbon County. This was an action brought by the Western Tube Company upon a warrant issued by School District No. 3, in the County of Carbon, October 30, 1886. The case came to this court on error from a judgment in favor of the plaintiff, and to review an order entering the findings in the cause nunc pro tunc. The facts are stated in the opinion. The nunc pro tunc order was improperly made.
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Error to the District Court, Carbon County. This was an action brought by the Western Tube Company upon a warrant issued by School District No. 3, in the County of Carbon, October 30, 1886. The case came to this court on error from a judgment in favor of the plaintiff, and to review an order entering the findings in the cause nunc pro tunc. The facts are stated in the opinion. The nunc pro tunc order was improperly made. The evidence fails to disclose that any order was originally made to enter the findings; no intention of it is to be found in the judge’s docket nor in the appearance docket,…
1Opinion of the Court
Potter, Justice.
I. The first question to be considered arises upon exceptions to the action of the District Court in ordering the findings to be entered nunc pro tunc as of the date when they were alleged to have been made, signed and filed.
Some time prior to December 21, 1896, this action was tried without a jury in the District Court of Carbon County, Judge Knight presiding. On July 1, 1899, Judge Craig having succeeded Judge Knight as presiding judge of said court, an order was entered in the cause reciting- that the cause had been heard by Judge Knight at a former term, who had made…
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