Hendrickson v. Heinze

RAPER, Justice.

The trouble with this case is that the appellant insists on retrying the case and using as evidence in this retrial, the evidence and argument of the appellant instead of that of the appellee. Petsch v. Florom, Wyo.1975, 538 P.2d 1011, 1013; Hammer v. Town of Jackson, Wyo.1974, 524 P.2d 884, 886. In the consideration of this case, we follow the standard set out in Stock v. Roebling, Wyo.1969, 459 P.2d 780, 784, wherein it was said:

“ * * * We must assume that evidence in favor of the successful party is true, leave out of consideration entirely evidence of the unsuccessful party…