Davis v. Ogden

• Citation: 17 Wyo. 207,97 P. 1074
• Parties: DAVIS v. OGDEN
• Decision Date: 19 November 1908
• Court: United States State Supreme Court of Wyoming

97 P. 1074

17 Wyo. 207

DAVIS v. OGDEN

Supreme Court of Wyoming

November 19, 1908

ERROR to the District Court, Crook County; HON. DAVID H. CRAIG Judge.

Affirmed.

M Nichols, for plaintiff in error.

No appearance for defendant in error.

SCOTT JUSTICE. POTTER, C. J., and BEARD, J., concur.

OPINION

SCOTT, JUSTICE.

This is an action for conversion of personal property, and was commenced in the court below by the plaintiff in error as plaintiff against the defendant in error as defendant. The case was tried to the court without the intervention of a jury and the court upon the issues and evidence made its separate findings of fact and conclusions of law and rendered judgment thereon in favor of the defendant, and thereupon the plaintiff brings error.

Plaintiff in error by her petition bases her right to relief solely upon two grounds, first, that the court erred in finding for the defendant and against the plaintiff, and second, that the court erred in overruling plaintiff's motion for a new trial.

It is apparent that either or both of these assignments in order to entitle them to consideration must be brought into the record through and by a motion for a new trial duly presented to the court, an adverse ruling thereon and an exception thereto made at the time of the ruling, all of which should be embraced in the bill of exceptions. (Rule 13; Freeburgh v. Lamoureux, et al., 12 Wyo. 41, 73 P. 545.) Aside from the transcript of the journal entries separately returned there are a number of papers fastened together and returned in this case in the following order, viz: the petition, answer, reply, motion for a new trial and transcript of testimony. The transcript of testimony is endorsed "Bill of Exceptions" and at the end of such transcript is a certificate of the trial judge as follows:

"I, David H. Craig, the judge presiding at the trial of the above entitled cause of action in the above named court, do hereby certify that the foregoing contains all of the evidence and testimony of the parties to said action offered and introduced in the trial of the above entitled cause in said court on the 15th day of June, A. D. 1907, and the above named plaintiff having presented this as her bill of exceptions within the time allowed by the court and as provided by law and asked the presiding judge to sign this bill of exceptions and approve the same, it is hereby done in Chambers, this 30th day of August, A. D. 1907."

It does not clearly appear from the certificate of the...