Lawer v. Kline

• Decision Date: 17 December 1929
• Docket Number: 1614,1613,1615
• Citation: 41 Wyo. 167,282 P. 1061
• Parties: LAWER v. KLINE, ET AL
• Court: Wyoming Supreme Court

282 P. 1061

41 Wyo. 167

LAWER v. KLINE, ET AL

Nos. 1613, 1614, 1615

Supreme Court of Wyoming

December 17, 1929

APPEAL from District Court, Fremont County, CYRUS O. BROWN, Judge.

Three separate actions by H. C. Lawer v. E. A. Kline, et al, co-partners in business under the firm name "Klines." Motions were made in each of the cases to open judgment which were denied, and defendants appeal.

Motion submitted by O. N. Gibson and A. C. Allen of Riverton for respondent without brief or argument.

By Dawson and Daniels of Douglas for appellants.

OPINION

Per Curiam.

In three cases between the same parties and raising similar issues, the defendants have appealed, and the plaintiff has moved to dismiss the appeals because the records fail to show the entry of the orders appealed from. In each case judgment against defendants, dated July 25, was entered July 26, 1929. Each record contains a written stipulation by counsel that on July 25 defendants made in open court an oral motion to open the judgment, and that the motion was by the court denied. The appeals are from those orders. The records fail to show that the orders were entered. That no appeal can be taken until after the entry of the judgment or order appealed from was held in Hahn v. Citizens' State Bank, 25 Wyo. 467, 171 P. 889, 172 P. 705, which has been followed in many later cases. The motions to dismiss must be sustained.