State Ex Rel. Bishop v. Bramblette

295 P. 800, 42 Wyo. 405, 1931 Wyo. LEXIS 46

• Court: Wyoming Supreme Court
• Decided: January 27, 1931
• Docket: 1666
• Status: Published

Opinion

Per Curiam.

This is an appeal by plaintiff from a judgment entered ■March 5, 1930, dismissing bis action after the sustaining of a demurrer to the petition. Bespondents move to dismiss tbe appeal on several grounds, one of which is that tbe appellant’s brief was not filed until after tbe expiration of the time allowed by rule. See Rules 15 and 21, 29 Wyo. 553, 555. Tbe record on appeal was filed in this court June 26, 1930. Appellant’s brief was received and filed by tbe clerk August 26, one day after tbe expiration of tbe 60-day period allowed by rule 15. Tbe motion will be sustained. Small v. Savings Bank, 16 Wyo. 126, 92 Pac. 289.

Tbe motion was noticed for bearing on January 13 and taken under advisement January 14. On January 12 tbe attorney for appellant sent to tbe chief justice a telegram which contains tbe statement that tbe brief was mailed in time to reach Cheyenne on tbe morning of August 25, and that tbe delay must have been due to miscarriage of tbe mail. Tbe telegram cannot be taken as a sufficient showing in resistance of tbe motion, and it does not contain any request for an opportunity to make a showing. Nothing further has been received, and we do not believe our decision on the motion should be longer delayed.

Appeal Dismissed.