Electrolytic Copper Company v. Board of County Commissioners of Albany County, 1588

• Decision Date: 02 July 1930
• Docket Number: 1588
• Citation: Electrolytic Copper Company v. Board of County Commissioners of Albany County, 289 P. 1096, 42 Wyo. 67 (Wyo. 1930)
• Parties: ELECTROLYTIC COPPER COMPANY v. BOARD OF COUNTY COMMISSIONERS OF ALBANY COUNTY
• Court: Wyoming Supreme Court

289 P. 1096

42 Wyo. 67

ELECTROLYTIC COPPER COMPANY v. BOARD OF COUNTY COMMISSIONERS OF ALBANY COUNTY

No. 1588

Supreme Court of Wyoming

July 2, 1930

APPEAL from District Court, Albany County, VOLNEY J. TIDBALL, Judge.

Appeal Dismissed.

For the plaintiff and appellant there was a brief by J. R. Sullivan of Laramie, Wyoming, and C. V. Garnett, of Kansas City Missouri, and oral argument by Mr. Garnett.

For the defendant and respondent there was a brief and oral argument by F. K. Dukes, County and Prosecuting Attorney, and S. C Downey and Lenoir Bell, all of Laramie, Wyoming.

OPINION

Per Curiam.

The plaintiff has undertaken to appeal from a judgment entered June 5, 1928.The record for the appeal bears an endorsement indicating that it was filed in the District CourtJuly 31, 1928.It was not filed in the Supreme Court until July 26, 1929.This delay, alone, would probably be sufficient ground for a dismissal of the appeal.SeeSamuelson v. Tribune Pub. Co., (Wyo.)41 Wyo. 487, 287 P. 83.

The record contains only one certificate of the clerk of the District Court.That certificate is quite similar to the one held to be insufficient to authenticate the record in The W. H. Holliday Co. v. Bundy, decided this day.

An additional defect in the instant case is that the clerk's certificate was not made until June 24, 1929, long after the time for preparing and filing the record on appeal had expired.It is therefore evident that if we could overlook the delay in filing the record in this court and defects in the certification of the record, we would have to dismiss the appeal for...