Northwestern Terra Cotta Co. v. Smith-Turner Hotel Co., 1849
| Court | United States State Supreme Court of Wyoming |
| Writing for the Court | Per CURIAM. |
| Citation | 47 Wyo. 190,33 P.2d 915 |
| Decision Date | 19 June 1934 |
| Docket Number | 1849 |
| Parties | THE NORTHWESTERN TERRA COTTA CO. v. SMITH-TURNER HOTEL COMPANY |
33 P.2d 915
47 Wyo. 190
THE NORTHWESTERN TERRA COTTA CO.
v.
SMITH-TURNER HOTEL COMPANY
No. 1849
Supreme Court of Wyoming
June 19, 1934
APPEAL from the District Court of Natrona County, C. D. MURANE, Judge.
Action by the Northwestern Terra Cotta Company, a corporation, against Smith-Turner Hotel Company, a co-partnership. A default judgment was rendered for plaintiff, who thereafter moved for leave to correct the name by which defendant was sued, and in which judgment was entered to show its true name of Smith & Turner. From an order denying said motion, plaintiff appeals. Dismissed for defective record, and for that reason abstracts of briefs on merits are omitted.
Appeal Dismissed.
OPINION
Per CURIAM.
In this case, the Northwestern Terra Cotta Company, a corporation, brought an action, on December 13, 1929, against the defendant, Smith-Turner Hotel Company, a co-partnership, on account of goods and merchandise furnished the defendant in 1924. C. A. Smith was served with summons in the case. There was no appearance on behalf of the defendant and judgment was entered by default on September 26, 1931. Subsequently, a motion appears to have been made, supported by the affidavit of Fred W. Layman, attorney for the plaintiff herein, alleging that the name by which the defendant was sued and [33 P.2d 916] in which judgment was entered herein was incorrect, and asked that the name be corrected to the true name of Smith and Turner. On August 18, 1933, the motion was overruled [47 Wyo. 191] and the relief asked was denied. From that order the plaintiff has appealed to this court.
There is no certificate, as required by Sec. 89-4906, Rev. St. 1931, attached to the bundle of papers before us, called by counsel the record on appeal, which shows, either directly or indirectly, that it is true and correct, and hence there is nothing before us to review. That is so thoroughly established by the decisions of this court that we need but refer to Simpson v. Building and Loan Association, 45 Wyo. 425, 19 P.2d 958; In re Basin State Bank, 43 Wyo. 1, 296 P. 1074; W. H. Holliday v. Bundy, et al., 42 Wyo. 61, 289 P. 1094; Electrolytic Cooper Co. v. Board, 42 Wyo. 67, 289 P. 1096; George Bolln Co. v. Freeman, 42 Wyo. 375, 294 P. 1110. That the legislature did not make the foregoing requirement merely on technical grounds, but based it on sound reasons, is so clearly illustrated in the case at bar that it may not be out of place to consider the...
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Lindsey v. State, No. 85-264
...26 P. 996 (1891); In re Basin State Bank, 43 Wyo. 1, 296 P. 1074 (1931); Northwestern Terra Cotta Company v. Smith-Turner Hotel Company, 47 Wyo. 190, 33 P.2d 915 (1934). An alternative to a transcript is recognized in Rule 4.03, W.R.A.P., which permits the appellant to prepare a statement o......
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In re Application of Gore, 2290
...Co. (Wyo.) 120 P. 2d 601; Kan.-Wyo. Oil Corp. v. Greaser, (Wyo.) 122 P. 2d 840; Northwestern Terra Cotta Co. v. Smith-Turner Hotel Co. 47 Wyo. 190, 33 P. 2d 915. Where clerk's certificate was not made until after time for preparing and filing record on appeal expired, appeal must be dismiss......
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Baus v. Baus, 2269
...in the compiled statutes [60 Wyo. 49] of 1920. In this connection, see also The Northwestern Terra Cotta Co. vs. Smith-Turner Hotel Co., 47 Wyo. 190, 33 P.2d 915 and cases cited. Another decision of this court which is pertinent to the situation presented by this appeal proceeding, assuming......
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Sanders v. Pitner, No. 4159
...before us nor is it the subject of review in the absence of a certificate, Northwestern Terra Cotta Co. v. Smith-Turner Hotel Co., 47 Wyo. 190, 33 P.2d 915, 916, and cases cited Even if we were to assume it was properly before us, an examination of the proffered instruction discloses no pre......
-
Lindsey v. State, No. 85-264
...26 P. 996 (1891); In re Basin State Bank, 43 Wyo. 1, 296 P. 1074 (1931); Northwestern Terra Cotta Company v. Smith-Turner Hotel Company, 47 Wyo. 190, 33 P.2d 915 (1934). An alternative to a transcript is recognized in Rule 4.03, W.R.A.P., which permits the appellant to prepare a statement o......
-
In re Application of Gore, 2290
...Co. (Wyo.) 120 P. 2d 601; Kan.-Wyo. Oil Corp. v. Greaser, (Wyo.) 122 P. 2d 840; Northwestern Terra Cotta Co. v. Smith-Turner Hotel Co. 47 Wyo. 190, 33 P. 2d 915. Where clerk's certificate was not made until after time for preparing and filing record on appeal expired, appeal must be dismiss......
-
Baus v. Baus, 2269
...in the compiled statutes [60 Wyo. 49] of 1920. In this connection, see also The Northwestern Terra Cotta Co. vs. Smith-Turner Hotel Co., 47 Wyo. 190, 33 P.2d 915 and cases cited. Another decision of this court which is pertinent to the situation presented by this appeal proceeding, assuming......
-
Sanders v. Pitner, No. 4159
...before us nor is it the subject of review in the absence of a certificate, Northwestern Terra Cotta Co. v. Smith-Turner Hotel Co., 47 Wyo. 190, 33 P.2d 915, 916, and cases cited Even if we were to assume it was properly before us, an examination of the proffered instruction discloses no pre......