In re Federal Lands Emergency Construction Project No. 6

• Decision Date: 12 May 1936
• Docket Number: 1973,1974,1972,1970,1971
• Citation: 57 P.2d 684,50 Wyo. 41
• Parties: IN RE FEDERAL LANDS EMERGENCY CONSTRUCTION PROJECT NO. 6, PINEDALE-FARSON ROAD, ETC.; v. BOARD OF COUNTY COMMISSIONERS OF SUBLETTE COUNTY and Four Other Cases BRAZZIL
• Court: Wyoming Supreme Court

57 P.2d 684

50 Wyo. 41

IN RE FEDERAL LANDS EMERGENCY CONSTRUCTION PROJECT NO. 6, PINEDALE-FARSON ROAD, ETC.;

BRAZZIL v. BOARD OF COUNTY COMMISSIONERS OF SUBLETTE COUNTY and Four Other Cases

Nos. 1970, 1971, 1972, 1973, 1974

Supreme Court of Wyoming

May 12, 1936

APPEALS from District Court, Sublette County; H. R. CHRISTMAS, Judge.

Five proceedings in the matter of the establishment of the public road known as the Federal Lands Emergency Construction Project No. 6, Pinedale-Farson Road, County No. Sb. 3 and Sb. 1, Project No. F. L. E. C. 6-140-F, by John W. Brazzil, T. A. Brosman, Rush L. Denise, Musette Hennick and George Strous against the Board of County Commissioners of Sublette County, Wyo. From adverse judgments, the Board of County Commissioners of Sublette County, Wyo., appeals. On motion to dismiss appeals.

Appeals dismissed.

In support of the motions to dismiss there was oral argument by W. A. Muir of Rock Springs and by Ivan S. Jones of Kemmerer in opposition.

There were no briefs on Motions to Dismiss.

OPINION

PER CURIAM.

These five cases, here on direct appeal, are in the same condition. Records for the appeals were filed with the clerk of the district court November 9, 1935. The records were filed with the clerk of the Supreme Court January 17, 1936. In each case the respondent moves to dismiss the appeal on the ground that the record was not filed in this court within sixty days after it was filed in the trial court, as required by statute and rule. Sec. 89-4910, R. S. 1931; Rule 35, 42 Wyo. 538.

It is shown by affidavit that, after the records were filed in the district court, a stenographer was permitted to take them to Driggs, Idaho, to prepare abstracts of the records; after the abstracts were prepared the weather became so severe that for 18 days there was no mail service from Driggs, and for that reason the stenographer was unable to return the records to the clerk of the district court until about January 11, 1936, after the expiration of the time for filing the records in this court. The records were received by our clerk on January 13, but the filing fee was not paid until January 17.

Under these facts we cannot hold that the failure to comply with the rule can be excused. See Porter v. Carstensen, 44 Wyo. 49, 8 P.2d 446; Samuel v. Christensen-Garing, 47 Wyo. 331, 37 P.2d 680.

Appeals dismissed.