Foree v. State
Wyoming Supreme Court
Error to the District Court, Sheridan County, Hon. Joseph L. Stotts, Judge. On motion to dismiss. The failure to cause summons in error to be issued within one year from the date of the rendition of the judgment is fatal to the jurisdiction of this court, as is also the failure to serve the Attorney General with the summons in error within the year aforesaid.
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Error to the District Court, Sheridan County, Hon. Joseph L. Stotts, Judge. On motion to dismiss. The failure to cause summons in error to be issued within one year from the date of the rendition of the judgment is fatal to the jurisdiction of this court, as is also the failure to serve the Attorney General with the summons in error within the year aforesaid. (Caldwell v. State, 12 Wyo., 206. )■ The summons in error must be issued within the one year limitation, so that even the service upon the prosecuting attorney of the county was not made in time. (Caldwell v. State, supra; Robison v.…
1Opinion of the Court
Beard, Justice.
The plaintiff in error, Earl Foree, was convicted in the District Court of Sheridan County January 4, 1904, of the crime of- arson and sentenced to imprisonment in the penitentiary. On the same day a motion for a new trial was denied by said court. On January 3, 1905, a petition in error was filed by the plaintiff in error in this court, but no praecipe for summons in error was filed until January 10, 1905, when a praecipe was filed requesting the clerk of this court to issue a summons in error directed to the sheriff of Sheridan County. Summons in error was issued January 10,…
2Cases cited4 opinions
- Seibel v. BathWyoming Supreme Court · 1895
- Caldwell v. StateWyoming Supreme Court · 1903
- Kuhn v. Mc KayWyoming Supreme Court · 1896
- Lannier v. HaaseWyoming Supreme Court · 1870
3Cited by3 opinions
- Pioneer Canal Co. v. AkinWyoming Supreme Court · 1920
- Pioneer Canal Co. v. AkinWyoming Supreme Court · 1915
- Griffis v. StateWyoming Supreme Court · 1915