Culbertson v. Ainsworth
Wyoming Supreme Court
Ari’Ral from District Court, Washakie County, Hon. James H. Burgess, Judge. Action by Roger Culbertson, administrator of the estate of William D. Albee, deceased, against Frank S. Ainsworth, et al. From a judgment for’defendants, plaintiff appeals. Heard on motion to dismiss the appeal. The notice of appeal was served two days before the judgment was enteredthis was insufficient to confer appellate jurisdiction.
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Ari’Ral from District Court, Washakie County, Hon. James H. Burgess, Judge. Action by Roger Culbertson, administrator of the estate of William D. Albee, deceased, against Frank S. Ainsworth, et al. From a judgment for’defendants, plaintiff appeals. Heard on motion to dismiss the appeal. The notice of appeal was served two days before the judgment was enteredthis was insufficient to confer appellate jurisdiction. (Hahn v. Bank (Wyo.), 171 Pac. 889; Goodrich v. Bank, 177 Pac. 134.)
1Per curiam
¿This case is here- on direct appeal and a motion has been submitted to dismiss the appeal. The only ground- stated in the motion which we think necessary to consider is that the notice of appeal was given prior to the filing and entry of the judgment appealed from.
The record was filed in this court on July 27, 1918, and the motion to dismiss was filed on September 30, 1918, and submitted on October 17, 19118. It appears from the record that the cause was tried in the district court on March 22, 1918, and that at the close of the evidence on- that day the court announced that the judgment…
2Cases cited6 opinions
- Hahn v. Citizens State BankWyoming Supreme Court · 1918
- Bonds v. HickmanCalifornia Supreme Court · 1866
- Opening of Gold Street v. NewtonSupreme Court Of The Territory Of Dakota · 1878
- Wolf v. SmithOregon Supreme Court · 1876
- Oliver v. HarveyOregon Supreme Court · 1874
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3Cited by23 opinions
- Jackson v. StateWyoming Supreme Court · 1976
- Simpson v. Occidental Building & Loan Ass'nWyoming Supreme Court · 1933
- Spencer v. PringleWyoming Supreme Court · 1937
- Banfield v. SchuldermanOregon Supreme Court · 1931
- McGinnis v. BeattyWyoming Supreme Court · 1921
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