Legal Opinion

Harden v. Card

Wyoming Supreme Court

Decided April 10, 1906PublishedCited by 14 opinions

Error to the District Court, Carbon County, Hon. David H. Craig, Judge. On motion to strike the bill of exceptions, and dismiss the proceeding in error. The facts are stated in the opinion. (In support -of the motion.) Where a statute provides a time within which a bill of exceptions must be settled or allowed, the bill must be settled or allowed within such time or it will not be considered.

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Error to the District Court, Carbon County, Hon. David H. Craig, Judge. On motion to strike the bill of exceptions, and dismiss the proceeding in error. The facts are stated in the opinion. (In support -of the motion.) Where a statute provides a time within which a bill of exceptions must be settled or allowed, the bill must be settled or allowed within such time or it will not be considered. (R. Co. v. Brown, 20 S., 548; Newmark v. Mark (Ariz.), 28 Pac., 960; Carroll v. Saunders, 38 Ark., 216; Berry v. San Francisco, &c., Co., 47 Cal., 643; Fick v. Crook, 27 Colo., 429; Webster v. Barnett,…

1Opinion of the Court

Potter, Chiee Justice.

This cause has been submitted upon a motion of the defendant in error to strike the bill of exceptions from the files, and dismiss the proceeding in error. The motion to dismiss is based upon the objections to the bill of exceptions ; it being asserted that without a bill none of the questions raised by the petition in error could be considered.

Several objections are urged to the bill. The first and principal objection is that the exceptions were not reduced to writing and presented for allowance within the time given for that purpose. It appears by the order overruling…

2Cases cited17 opinions

  1. Citizens' Street Railroad v. SuttonIndiana Supreme Court · 1897
  2. Mitchell v. StateSupreme Court of Georgia · 1857
  3. Van Horn v. StateWyoming Supreme Court · 1895
  4. Hyde v. BoyleCalifornia Supreme Court · 1891
  5. Seibright v. StateWest Virginia Supreme Court · 1867

12 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Mitter v. Black Diamond Coal Co.Wyoming Supreme Court · 1920
  2. Weidenhoft v. PrimmWyoming Supreme Court · 1908
  3. Sherman v. Southern Pacific Co.Nevada Supreme Court · 1909
  4. Greenawalt v. Natrona Improvement Co.Wyoming Supreme Court · 1907
  5. Fried v. GuibersonWyoming Supreme Court · 1923

9 more not listed; retrieve them via the Exa API.

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