Whiting v. Straup
| Decision Date | 10 June 1907 |
| Parties | WHITING ET AL. v. STRAUP ET AL |
| Court | Wyoming Supreme Court |
ERROR to the District Court, Converse County, HON. RICHARD H. SCOTT, Judge.
On motion to extend time for briefs.
Motion for an extension granted.
T. Blake Kennedy, for plaintiffs in error (for the purpose of the motion).
Burke & Clark, for defendants in error.
POTTER, CHIEF JUSTICE. BEARD, J., concurs. SCOTT, J., did not sit, having been the presiding judge in the cause in the court below.
This cause has been heard upon a motion for an extension of time for the filing and service of the brief of plaintiffs in error, filed after the expiration of the time allowed for such brief; and the same question and facts are presented as in the case of Phillips et al. v. Brill et al., this day decided, except that in this case it appears that both of the plaintiffs in error were out of the state at the time of the expiration of the time for filing brief, and for some time previous thereto, and their agent, one of the plaintiffs in error in the other case, makes oath to the fact of their absence, and of his want of knowledge of the illness of their counsel, and of the default, until a short time previous to the time of filing the motion for an extension. For the reasons stated in the opinion in the other case above mentioned, the motion for an extension of time will be granted.
SCOTT, J., did not sit, having been the presiding judge in the cause in the court below.
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...is in default under the rule. ( Fried v. Guiberson, 28 Wyo. 208, 201 P. 854; Phillips v. Brill, 15 Wyo. 521, 90 P. 443; Whiting v. Straup, 15 Wyo. 530, 90 P. 445.) court said in one of the cited cases that the limitation in the rule "should be quite rigidly enforced, yet, in aid of the very......
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...to avoid manifest injustice. See Cronkhite v. Bothwell, 3 Wyo. 739, 31 P. 400; Phillips v. Brill, 15 Wyo. 521, 90 P. 443; Whiting v. Straup, 15 Wyo. 530, 90 P. 445; v. Guiberson, 28 Wyo. 208, 201 P. 854. And clearly the showing here does not disclose any such misfortune or necessity as to j......
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... ... 59, 210 P. 390. The only exceptions found ... in the decided cases from this court are Phillips v ... Brill, 15 Wyo. 521, 90 P. 443; Whiting v ... Straup, 15 Wyo. 530, 90 P. 445; Fried v ... Guiberson, 28 Wyo. 208, 201 P. 854, but in those cases ... justifiable reasons are shown ... ...
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...to file and serve briefs. (Cook v. Bank, 13 Wyo. 187; Cronkhite v. Bothwell, 3 Wyo. 739; Robertson v. Shorow, 10 Wyo. 368). In Whiting v. Straup, 15 Wyo. 530, there had neither filing nor service of briefs, but after the time had expired and on motion for an extension the court permitted th......