Phillips v. Brill
Wyoming Supreme Court
Error to the District Court, Converse County, Plow. Richard H. Scott, Judge. Heard on motion after default for an extension of time to file and serve briefs of plaintiff in error. The facts are stated in the opinion. Having power to adopt a rule, the court has power to revoke it at will, and also to modify it for the purpose of a certain class of cases; and to make special rules for the government of each cause, as the exigencies thereof may demand.
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Error to the District Court, Converse County, Plow. Richard H. Scott, Judge. Heard on motion after default for an extension of time to file and serve briefs of plaintiff in error. The facts are stated in the opinion. Having power to adopt a rule, the court has power to revoke it at will, and also to modify it for the purpose of a certain class of cases; and to make special rules for the government of each cause, as the exigencies thereof may demand. The rules are adopted to accomplish the ends of justice, and are, therefore, at all times under the control of the court. (Deming v. Foster, 42…
1Opinion of the Court
Potter, Chief Justice.
After the time for filing the brief for plaintiffs in error in this case had expired under the rules the plaintiffs in error, through special counsel engaged for that purpose, filed a motion asking for additional time. The motion is supported by affidavits showing that the failure to file and serve briefs was caused by the serious sickness of the sole counsel who represented the plaintiffs in error in the court below and had been engaged to prosecute this appeal; that the sickness of said counsel was unknown to the plaintiffs in error, and until a very short time before…
Also in this document: Concurrence.
2Cases cited3 opinions
- Cronkhite v. BothwellWyoming Supreme Court · 1892
- Halleck v. BresnahenWyoming Supreme Court · 1883
- Spencer v. McMasterWyoming Supreme Court · 1884
3Cited by13 opinions
- Lapp v. City of WorlandWyoming Supreme Court · 1980
- Allen v. HounWyoming Supreme Court · 1923
- Chicago, Burlington & Quincy Railroad v. LampmanWyoming Supreme Court · 1909
- Small v. Johnson County Savings BankWyoming Supreme Court · 1907
- Walls v. EvansWyoming Supreme Court · 1928
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