Ford v. Townsend

• Decision Date: 01 October 1914
• Docket Number: 783
• Citation: 143 P. 356,22 Wyo. 397
• Parties: FORD v. TOWNSEND ET AL
• Court: Wyoming Supreme Court

143 P. 356

22 Wyo. 397

FORD v. TOWNSEND ET AL

No. 783

Supreme Court of Wyoming

October 1, 1914

Rehearing Denied December 7, 1914, Reported at: 22 Wyo. 397 at 400.

ERROR to the District Court, Natrona County; HON. V. J. TIDBALL Judge.

The action was brought by A. Halbert Ford against Charles H Townsend and The Stockmen's National Bank, of Casper Wyoming. From a judgment in favor of the defendants the plaintiff brought error. Heard on motion to dismiss.

Proceedings in error dismissed.

Norton & Hagens, for defendants in error, in support of motion to dismiss.

The Supreme Court rule providing for dismissal when plaintiff in error has failed to file and serve his brief in time has been strictly enforced. (Cronkhite v. Bothwell, 3 Wyo. 739; Bank of Chadron v. Anderson, 6 Wyo. 518; Robertson v. Shorow, 10 Wyo. 368; Sheehan v. Ditch Co., 12 Wyo. 176; Cook v. Bank, 13 Wyo. 187; Small v. Bank, 16 Wyo. 126; Grippen v. State, 20 Wyo. 486; Lobell v. Stock Oil Co., 132 P. 443). Counsel has a right to rely upon the rules.

BEARD, JUSTICE. POTTER, J., concurs. SCOTT, C. J., did not participate in the decision.

OPINION

BEARD, JUSTICE.

The petition in error in this case was filed February 2, 1914. The brief of plaintiff in error was filed April 3, 1914. On June 9, 1914, defendants in error filed a motion to dismiss the proceedings in error for the reason that no brief on behalf of plaintiff in error had been served upon defendants in error or their attorneys within sixty days after the filing of said petition. Rule 15 (104 Pac. XIII) of this court requires the plaintiff in error to file with the clerk four copies of his brief within sixty days after filing his petition in error, and shall also within that period serve upon or mail to the opposite party, or his attorney of record, one other copy of such brief. And by Rule 21, (104 Pac. XIV) it is provided, that if plaintiff in error has failed to file and serve his brief as required by these rules, the defendant in error may have the cause dismissed. The required number of copies of the brief of plaintiff in error were filed on the last day allowed by the rule; and the excuse for not serving a copy on defendants in error, as stated in an affidavit of counsel, is, that he presented to the clerk five copies of his brief, four of which bear the file mark of April 3, 1914, and the fifth copy he intended to have mailed to defendants in error or their attorneys by the clerk of the court, but by some oversight on his part he failed to request the clerk in mailing the brief to him, to mail the fifth copy to defendants in error; that it was wholly through his mistake and oversight and not from any intention on his part, that the copy of the brief intended for them was not served. It is the duty of the party to see to the service of briefs; and is no part of the duties of the clerk to see that they are served or mailed and especially, as in this case, when he was not requested to do so. These...