Koch v. Koch, 1593
| Decision Date | 15 April 1930 |
| Docket Number | 1593 |
| Citation | 41 Wyo. 450,287 P. 85 |
| Parties | KOCH v. KOCH |
| Court | Wyoming Supreme Court |
APPEAL from District Court, Albany County; VOLNEY J. TIDBALL, Judge.
Action by Fred Koch against Mary Koch. Judgment for defendant, and plaintiff appeals. The record failing to show service of notice of appeal, the proceedings were dismissed.
Appeal dismissed.
The cause was submitted for the appellant on the brief of Cassius M. Eby, of Laramie, Wyoming.
For the respondent there was a brief by F. E. Anderson, of Laramie, Wyoming, and oral argument by Mr. Anderson.
This is an appeal from a judgment entered in the District Court April 29, 1929. The record contains a notice of appeal filed May 1, 1929, but nothing to show service of the notice. The statute (§ 6402, C. S. 1920) provides that "an appeal must be taken by serving a notice in writing to such effect," etc. The fact of service must be shown by the record to give this court jurisdiction. Culbertson v. Ainsworth, 26 Wyo. 214, 181 P. 418.
The appeal must be dismissed.
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