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State Highway Commission v. Triangle Development Co.

371 P.2d 408, 1962 Wyo. LEXIS 83
CourtWyoming Supreme Court
DecidedMay 14, 1962
Docket3038
StatusPublished
Cited by13 cases

This text of 371 P.2d 408 (State Highway Commission v. Triangle Development Co.) 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
State Highway Commission v. Triangle Development Co., 371 P.2d 408, 1962 Wyo. LEXIS 83 (Wyo. 1962).

Opinion

PER CURIAM.

Triangle Development Co. has filed an application for rehearing urging that this court erred in determining the cause upon a matter which was unargued and waived. Applicant misconceives the reason for the rule that error will not be considered if it is waived or abandoned. The rule was intended to protect — not to restrict the court. As we stated in Wyuta Cattle Co. v. Connell, 43 Wyo. 135, 299 P. 279, 3 P.2d 101, an appellate court cannot be expected to prosecute an independent inquiry for errors upon which the appellant may possibly rely and may invoke abandonment or waiver but is nevertheless at liberty to decide a case upon any point which in its opinion the ends of justice may require. See also 5B C.J.S. Appeal & Error §§ 1801 and 1802, pp. 93-96; and White v. White, 208 Ind. 314, 194 N.E. 355, 196 N.E. 95.

Rehearing denied.

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Cite This Page — Counsel Stack

Bluebook (online)
371 P.2d 408, 1962 Wyo. LEXIS 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-highway-commission-v-triangle-development-co-wyo-1962.