Mitter v. Black Diamond Coal Co.
Wyoming Supreme Court
Appeal from District Court, Sweetwater County, John R. ARNOLD, Judge. On rehearing. Motion to dismiss the appeal formerly granted denied as to the .appeal from the so-called order denying a new trial and judgment. The -appeal is from the decree entered on the merits below and also from the order denying motion for new trial; the order denying motion for new trial is appealable, (5107 C. S.) also reviewable on error.
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Appeal from District Court, Sweetwater County, John R. ARNOLD, Judge. On rehearing. Motion to dismiss the appeal formerly granted denied as to the .appeal from the so-called order denying a new trial and judgment. The -appeal is from the decree entered on the merits below and also from the order denying motion for new trial; the order denying motion for new trial is appealable, (5107 C. S.) also reviewable on error. (5109 C. S.) Defendant’s motion for new trial was in effect a petition and motion to vacate the default judgment and permit defendant to come in and defend. It followed the…
1Opinion of the Court
Kimball, Justice.
A rehearing has been had upon both the motion to dismiss the appeal and the merits. Former opinions may be found in 27 Wyo. 72, 191 Pac. 1069, 193 Pac. 520, where the par*444ties to whom we shall refer as plaintiff and defendant, are described. The rehearing npon the motion to dismiss was granted for the purpose of deciding whether the so-called motion for a new trial should have been considered as a petition or motion to vacate the judgment under Chapter 305, Wyo. C. S. 1910. That chapter is now Chapter 370, Wyo. C. S. 1920, and in making future references to statutes we shall…
2Cases cited36 opinions
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- Van Slyke v. . HyattNew York Court of Appeals · 1871
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