Boner v. Fall River County Bank
Wyoming Supreme Court
Error to District Court, Natrona County; HoN. William C. MeNTzer, Judge. Action between F. M. B'oner, et al., and the Fall River County Bank, a corporation. From a judgment for the bank, B'oner, et al., bring error.
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Error to District Court, Natrona County; HoN. William C. MeNTzer, Judge. Action between F. M. B'oner, et al., and the Fall River County Bank, a corporation. From a judgment for the bank, B'oner, et al., bring error. The bank moved to strike the petition in error and other papers from the files, on the ground that the original proceedings in error were dismissed for failure on the part of plaintiffs in error to file briefs within the time required by the rules, and that a second proceeding in error by refiling the papers in this proceeding, was unwarranted.
1Opinion of the Court
Beard, Justice.
Final judgment of the District Court in this case was rendered June 28, 1916. Proceedings in error were commenced January 31, 1917. May 28, 1917, said proceedings in error were dismissed by this court on motion of defendant in error for the reason that plaintiffs in error had failed to file their brief within the time required 'by the rules of this court. (164 Pac. 1140.) June 25, 1917, plaintiffs in error filed a second petition in error and praecipe for summons in error, and caused the original papers, journal entries and bill of exceptions which had been sent up and filed on…
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