Wydisco, Inc. v. McMahon, No. 4288
| Court | United States State Supreme Court of Wyoming |
| Writing for the Court | PARKER |
| Citation | 520 P.2d 218 |
| Parties | WYDISCO, INC., f/d/b/a Wyoming Discount Corp., Plaintiff-Appellant, v. Martin McMAHON, Defendant-Appellee. |
| Docket Number | No. 4288 |
| Decision Date | 27 February 1974 |
Page 218
v.
Martin McMAHON, Defendant-Appellee.
William D. Bagley, Cheyenne, for plaintiff-appellant.
Harold M. Johnson, Rawlins, for defendant-appellee.
Before McEWAN, GUTHRIE, McINTYRE and McCLINTOCK, JJ.
The defendant-appellee filed herein on February 15, 1974 a motion to dismiss the plaintiff-appellant's appeal upon the ground and for the reasons that the record filed herein does not contain a transcript or statement of the evidence as contemplated by rule 75(b) and (c), and on February 25, 1974 the appellant filed its response to the said motion. The appellant's brief states: 'The issue presented to this Court is whether parol evidence can be used to vary the terms of a written instrument.' The court having examined the record and considered the briefs and motion and response finds that it cannot determine the issues sought to be raised by the appellant in this appeal because the trial of the matter in the district court was not reported and no transcript was made, and neither was there a statement of the evidence or proceedings filed. Therefore, this court determines that defendant-appellee's motion to dismiss the appeal should be and it is hereby granted and the plaintiff's appeal is dismissed.
It is so ordered.
PARKER, C. J., took no part in the consideration or decision in the matter.
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Johnson v. Statewide Collections, Inc., No. 88-285
...Salt River Enterprises, Inc. v. Heiner, 663 P.2d 518 (Wyo.1983); Nix v. Chambers, 524 P.2d 589 (Wyo.1974); Wydisco, Inc. v. McMahon, 520 P.2d 218 (Wyo.1974). The power of the district court to dismiss because of an inadequate record, however, is entirely different from a denial of jurisdict......
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Lindsey v. State, No. 85-264
...case where no transcript is available. Minnehoma Financial Company v. Pauli, Wyo., 565 P.2d 835 (1977). In Wydisco, Inc. v. McMahon, Wyo., 520 P.2d 218 (1974), the appeal was dismissed because neither a transcript nor a statement of the case was furnished, and the court concluded that it wa......
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Short v. Spring Creek Ranch, Inc., No. 85-241
...Financial Company v. Pauli, Wyo., 565 P.2d 835 (1977); Scherling v. Kilgore, Wyo., 599 P.2d 1352 (1979); Wydisco, Inc. v. McMahon, Wyo., 520 P.2d 218 (1974). Appellants' argument in this case depends upon the presence of competent evidence to support the request for an Page 1200 instruction......
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Minnehoma Financial Co. v. Pauli, No. 4737
...but the summary judgments entered herein are affirmed. Affirmed. --------------- 1 This is not a case like Wydisco, Inc. v. McMahon, Wyo., 520 P.2d 218 (1974), or Nix v. Chambers, Wyo., 524 P.2d 589, where there were no transcripts or statements of evidence. Here we have all of the evidenti......
-
Johnson v. Statewide Collections, Inc., No. 88-285
...Salt River Enterprises, Inc. v. Heiner, 663 P.2d 518 (Wyo.1983); Nix v. Chambers, 524 P.2d 589 (Wyo.1974); Wydisco, Inc. v. McMahon, 520 P.2d 218 (Wyo.1974). The power of the district court to dismiss because of an inadequate record, however, is entirely different from a denial of jurisdict......
-
Lindsey v. State, No. 85-264
...case where no transcript is available. Minnehoma Financial Company v. Pauli, Wyo., 565 P.2d 835 (1977). In Wydisco, Inc. v. McMahon, Wyo., 520 P.2d 218 (1974), the appeal was dismissed because neither a transcript nor a statement of the case was furnished, and the court concluded that it wa......
-
Short v. Spring Creek Ranch, Inc., No. 85-241
...Financial Company v. Pauli, Wyo., 565 P.2d 835 (1977); Scherling v. Kilgore, Wyo., 599 P.2d 1352 (1979); Wydisco, Inc. v. McMahon, Wyo., 520 P.2d 218 (1974). Appellants' argument in this case depends upon the presence of competent evidence to support the request for an Page 1200 instruction......
-
Minnehoma Financial Co. v. Pauli, No. 4737
...but the summary judgments entered herein are affirmed. Affirmed. --------------- 1 This is not a case like Wydisco, Inc. v. McMahon, Wyo., 520 P.2d 218 (1974), or Nix v. Chambers, Wyo., 524 P.2d 589, where there were no transcripts or statements of evidence. Here we have all of the evidenti......