City of Cheyenne v. Edwards
Wyoming Supreme Court
ERROR to the District Court, Laramie County; Hon. Volney J. Tidball, Judge. The material facts are stated in the opinion. Five years elapsed after the entry of the final rule or judgment in the condemnation proceeding before any effort was made by the defendants to revive it by insisting upon a jury trial. That final rule stands unchallenged. It has not been reversed or vacated, and it is now too late to grant a jury trial in the matter.
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ERROR to the District Court, Laramie County; Hon. Volney J. Tidball, Judge. The material facts are stated in the opinion. Five years elapsed after the entry of the final rule or judgment in the condemnation proceeding before any effort was made by the defendants to revive it by insisting upon a jury trial. That final rule stands unchallenged. It has not been reversed or vacated, and it is now too late to grant a jury trial in the matter. That the rule thus entered was a final order reviewable on error must be conceded. (Porter v. State, 16 Wyo. 136; 23 Cyc. 672, 1055; State v. Hayes, 30 W.…
1Opinion of the Court
PoTTRR, JuSTICF.
This is a condemnation proceeding brought by the City of Cheyenne to acquire certain land alleged to be required for the purpose of constructing a dam and maintaining the same and a reservoir thereon as a part of a proposed extension and enlargement of the system of water works of that city. The case is here on error for the review of certain orders of the District Court having the effect of granting a trial by jury to determine the compensation to be made to the respondents as owners of the land, upon their written demand therefor filed after an assessment of the…
2Cases cited5 opinions
- Edwards v. City of CheyenneWyoming Supreme Court · 1911
- Tracey v. . AltmyerNew York Court of Appeals · 1871
- Sterritt v. YoungWyoming Supreme Court · 1905
- Kansas City, Fort Scott & Southern Railway Co. v. CoxMissouri Court of Appeals · 1890
- Cunningham v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1899