Lobell v. Stock Oil Co.
Wyoming Supreme Court
ERROR to District Court, Natrona County. Heard on motion to dismiss. (On motion to dismiss.) Every act required to perfect an appeal must be completed during the statutory time allowed for taking the appeal, viz: filing the petition in error, precipe for summons in error, and application for an order for the original papers and transcript; and the summons must be servecl and returned and the transcript filed within this time, or the case should be dismissed for want of…
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ERROR to District Court, Natrona County. Heard on motion to dismiss. (On motion to dismiss.) Every act required to perfect an appeal must be completed during the statutory time allowed for taking the appeal, viz: filing the petition in error, precipe for summons in error, and application for an order for the original papers and transcript; and the summons must be servecl and returned and the transcript filed within this time, or the case should be dismissed for want of jurisdiction. (Green v. City, 87 Fed. 839-; City v. Coler, 92 Fed. 284; Cody v. Filley, 4 Colo. 436; Moe v. Harger, (Ida.) 77…
1Opinion of the Court
Beard, Chiee Justice.
This case is before the court at this time on the motion of defendant in error to dismiss the proceeding in error for the reason that the same was not commenced within the time allowed by law. The judgment of the District Court became final January 28, 1910, on which date the motion for a new trial was denied. The petition in error was filed in this court January 26, 1911, but no precipe for summons was filed until April 8, 1911, nor was any summons issued prior to that date. The motion to dismiss was filed March 29, 1911.
’ The statutes governing the question presented by…
Also in this document: Concurrence.
2Cases cited1 opinion
- Caldwell v. StateWyoming Supreme Court · 1903
3Cited by7 opinions
- Pioneer Canal Co. v. AkinWyoming Supreme Court · 1920
- Barrett v. WhitmoreWyoming Supreme Court · 1922
- Iven v. JessupWyoming Supreme Court · 1912
- Reintsma v. Standard Oil Co. of IndianaWyoming Supreme Court · 1928
- Federal Oil & Development Co. v. Petroleum Maatschappij Salt CreekWyoming Supreme Court · 1911
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