Morgan v. State

• Decision Date: 16 June 1919
• Docket Number: 936
• Citation: 26 Wyo. 212,181 P. 598
• Parties: MORGAN v. STATE
• Court: Wyoming Supreme Court

181 P. 598

26 Wyo. 212

MORGAN v. STATE

No. 936

Supreme Court of Wyoming

June 16, 1919

ERROR to District Court, Crook County, HON.E. C. RAYMOND, Judge.

Proceedings between the State of Wyoming and James R. Morgan. From an adverse judgment, Morgan brings error. Heard on motion to dismiss proceedings in error.

Proceedings in error dismissed.

Metz &amp Sackett, for plaintiff in error.

D. A Preston, former Attorney General, W. L. Walls, Attorney General, and T. Paul Wilcox, Deputy Attorney General, for the State.

OPINION

PER CURIAM

In this case a motion of the defendant in error to strike the bill of exceptions from the record and to dismiss the proceedings in error has been submitted. The ground of the motion is that the bill of exceptions was not presented to the court or judge for allowance, or allowed within the time required by law. The judgment was rendered October 8, 1917, the motion for a new trial was denied November 20, 1917, and the bill of exceptions was presented for allowance and allowed February 27, 1918. On February 15, 1918, an order was filed giving the plaintiff in error (defendant below) until February 28, 1918, to present the bill for allowance. No other order was made granting an extension of time for the presentation of the bill. Section 4595, Comp. Stat. 1910, as amended and re-enacted by Section 1, Chapter 70, Session Laws 1917, provides as follows:

"The party objecting to the decision must except at the time the decision is made, and shall have sixty days from and after the date of the judgment, decree, or final order in the case within which to reduce the exception to writing and present the same to the court or judge for allowance. If within said sixty days the party excepting shall make it satisfactorily to appear to the court or judge authorized to allow the bill of exceptions that the party will be unavoidably prevented from presenting the bill within said time, the court or judge by written order may extend said time, but not to exceed sixty additional days."

In this case the bill of exceptions was not presented for allowance until ninety-nine days after the motion for a new trial was denied. No order for an extension of time for the presentation of the bill was procured until eighty-seven days after the denial of the motion for a new trial. By the statute the party excepting has sixty days after the date of the final order, which in this case was the date of...