Wolfe v. Carrels

• Decision Date: 21 November 1934
• Docket Number: 1899
• Citation: 37 P.2d 680,47 Wyo. 334
• Parties: WOLFE, ET AL. v. CARRELS, ET AL
• Court: Wyoming Supreme Court

37 P.2d 680

47 Wyo. 334

WOLFE, ET AL. v. CARRELS, ET AL

No. 1899

Supreme Court of Wyoming

November 21, 1934

APPEAL from the District Court, Sheridan County; JAMES H. BURGESS, Judge.

Action by Annabel Wolfe and others against Jack Carrels and another. From an adverse judgment, defendants appeal.

Heard on objections to the jurisdiction of the appellate court. Submitted without briefs or oral arguments by either party.

Appeal dismissed.

Roy Bedford, of Sheridan, for appellants.

H. Glenn Kinsley, of Sheridan, for respondents.

OPINION

PER CURIAM.

Respondents have filed herein what is called "objection to the jurisdiction of court," on the ground that the record on appeal was not filed in the trial court within the time required by law. The statute (Sec. 89-4904, Rev. St. 1931) requires that the record on appeal must be filed with the clerk of the trial court within 70 days after the entry of the judgment "which time may be by the court or the judge thereof, extended or enlarged for cause shown." The judgment in this case was entered on May 8th, 1934. The 70 days given by the statute expired on July 18, 1934. On July 2, 1934, the trial court entered an order granting an extension for filing the record on appeal to and including August 9, 1934. No further extension was given. The record on appeal was not filed until August 20, 1934, eleven days too late. It is clear, therefore, as held in our previous decisions that we are without jurisdiction to review the judgment herein. Scott v. Wyoming Rock Products Co., 37 Wyo. 527, 264 P. 86; Woodruff v. Light & Power Co., 38 Wyo. 70, 264 P. 704 and cases cited; Barnett v. Finance Ass'n., 38 Wyo. 511, 268 P. 1025 and cases cited. The appeal must accordingly be dismissed. It is so ordered.

Dismissed.