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State Highway Commission v. Triangle Development Co.

371 P.2d 408, 1962 Wyo. LEXIS 83
Wyoming Supreme Court·Decided May 14, 1962·No. 3038·Published·Cited by 13 cases

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

371 P.2d 408 (State Highway Commission v. Triangle Development Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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