Gilpatrick v. Perry
Wyoming Supreme Court
ERROR to the District 'Court, Sheridan County; Hon. C. H. ParmelEE, Judge. Action by George W. Perry, as guardian of Dott Case, a minor, against Samuel I. and Bertha K. Gilpatrick and others. There was a judgment for plaintiff and defendants first named bring error. There was a motion filed to strike the bill of exceptions which was heard in connection with the hearing on the merits.
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ERROR to the District 'Court, Sheridan County; Hon. C. H. ParmelEE, Judge. Action by George W. Perry, as guardian of Dott Case, a minor, against Samuel I. and Bertha K. Gilpatrick and others. There was a judgment for plaintiff and defendants first named bring error. There was a motion filed to strike the bill of exceptions which was heard in connection with the hearing on the merits. The bill of exceptions was filed within the time allowed by court order; time for filing could be extended (Laws 1917, c. 70) ; the motion comes too late (4 Cor. Jur. 327; Yates v. Kinney, 23 Neb. 648). The…
1Opinion of the Court
Potter, Justice.
This case is here on error, and has been submitted upon a motion to strike the bill of exceptions and also upon the merits. The motion will first be considered. It is moved thereby, first, to strike the entire bill, and, second, to strike that part of the bill showing a motion for new trial filed December 30, 1916, and the order of March 22, 1918, overruling the same, on the ground that the bill was not presented for allowance within sixty days after the overruling of said motion for new trial, but was presented sixty-two days thereafter without an extension of time having…
2Cases cited8 opinions
- Howard v. CarterSupreme Court of Kansas · 1905
- Stirling v. WagnerWyoming Supreme Court · 1892
- Harden v. CardWyoming Supreme Court · 1906
- Lee v. CookWyoming Supreme Court · 1878
- Jones v. BowmanWyoming Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. SeligWyoming Supreme Court · 1981
- Fried v. GuibersonWyoming Supreme Court · 1923
- Jones v. ParkerWyoming Supreme Court · 1928
- Bird v. StateWyoming Supreme Court · 1925
- Roy E. Hays Co. v. AllenWyoming Supreme Court · 1930
1 more not listed; retrieve them via the Exa API.