Goodrich v. Big Horn County Bank

Wyoming Supreme Court

Goodrich v. Big Horn County Bank

188 P. 36, 26 Wyo. 492, 1920 Wyo. LEXIS 9

CourtWyoming Supreme Court

DecidedMarch 15, 1920

DocketNo. 940

StatusPublished

Cited by7 cases

This text of 188 P. 36 (Goodrich v. Big Horn County Bank) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Goodrich v. Big Horn County Bank, 188 P. 36, 26 Wyo. 492, 1920 Wyo. LEXIS 9 (Wyo. 1920).

Pincite

Opinion

Beard, Chief Justice.

In this case a motion of appellants for leave to withdraw the record for the purpose of presenting the same to the District Court for amendment was denied August 17,. 1918 (26 Wyo. 42, 174 Pac. 191), and a rehearing on that question was denied January 11, 1919 (177 Pac. 134). The object sought to be attained by the proposed amendment was to have the record on appeal show the date of the entry of the judgment and thereby show that said record was filed in the District Court within the time allowed by law in order [493]*493"to confer jurisdiction of the appeal on this court. The motion was resisted by respondents, and it was held that “if the record should be amended to show the entry of the judgment on the date stated in the motion, it would affirmatively appear from the record that the appeal was not perfected within the time specified and limited by the statute.” On the final submission of the case, respondent’s counsel maintain that upon the face of the record, and the decision of the court on the motion, the court is without jurisdiction to hear the cause. The appeal not having been perfected within the time allowed therefor, the right to appeal was lost, and this court acquired no jurisdiction of the subject matter of the case by the filing, in this court, of such record on appeal. Therefore, the appeal is dismissed. Appeal dismissed.

Potter and Blydenburgh, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Beard, Chief Justice.

In this case a motion of appellants for leave to withdraw the record for the purpose of presenting the same to the District Court for amendment was denied August 17,. 1918 (26 Wyo. 42, 174 Pac. 191), and a rehearing on that question was denied January 11, 1919 (177 Pac. 134). The object sought to be attained by the proposed amendment was to have the record on appeal show the date of the entry of the judgment and thereby show that said record was filed in the District Court within the time allowed by law in order [493]*493"to confer jurisdiction of the appeal on this court. The motion was resisted by respondents, and it was held that “if the record should be amended to show the entry of the judgment on the date stated in the motion, it would affirmatively appear from the record that the appeal was not perfected within the time specified and limited by the statute.” On the final submission of the case, respondent’s counsel maintain that upon the face of the record, and the decision of the court on the motion, the court is without jurisdiction to hear the cause. The appeal not having been perfected within the time allowed therefor, the right to appeal was lost, and this court acquired no jurisdiction of the subject matter of the case by the filing, in this court, of such record on appeal. Therefore, the appeal is dismissed. Appeal dismissed.

Potter and Blydenburgh, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

188 P. 36, 26 Wyo. 492, 1920 Wyo. LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodrich-v-big-horn-county-bank-wyo-1920.

Opinion

Related

Cite This Page — Counsel Stack