Wolcott v. Bachman
Wyoming Supreme Court
Error to district court, Converse county. This was an action for false imprisonment brought by the defendant in error against the plaintiff in error. The latter, being a justice of the peace in the county of Albany, sentenced the defendant in error to imprisonment in the county jail for vagrancy without any criminal complaint being made, the defendant in error being at that time before the justice on another charge.
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Error to district court, Converse county. This was an action for false imprisonment brought by the defendant in error against the plaintiff in error. The latter, being a justice of the peace in the county of Albany, sentenced the defendant in error to imprisonment in the county jail for vagrancy without any criminal complaint being made, the defendant in error being at that time before the justice on another charge. W. E. Medium, another justice of the peace, in whose precinct the plaintiff in error was acting at the time, carried the sentence into effect by issuing a mittimus, under which…
1Opinion of the CourtVan Devanter, C. J.
The petition in error contains 15 assignments of error, the first 14 of which relate to alleged errors occurring upon the trial, and the fifteenth is based upon the overruling of the motion for a new trial. Errors occurring upon the trial can only be preserved and fully brought into the record by a motion for a new trial, and, if such errors are not made the basis of a motion for a new trial in the court below, they are waived, and this court cannot consider them. Then, since it is necessary to complain of such errors in a motion for a new trial in order to ultimately bring them to the…
2Cases cited1 opinion
- United States v. TrabingWyoming Supreme Court · 1885
3Cited by7 opinions
- Riordan v. HortonWyoming Supreme Court · 1908
- Posvar v. PearceWyoming Supreme Court · 1928
- Wyoming Loan & Trust Co. v. W. H. Holliday Co.Wyoming Supreme Court · 1890
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- Pologa-Seiuli v. RiceDistrict Court, D. Arizona · 2021
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