Wyoming State Treasurer ex rel. Workmen's Compensation Dept. v. Niezwaag, No. 3682

CourtUnited States State Supreme Court of Wyoming
Writing for the CourtGRAY
Citation444 P.2d 327
Decision Date09 August 1968
Docket NumberNo. 3682
PartiesWYOMING STATE TREASURER ex rel. WORKMEN'S COMPENSATION DEPARTMENT, Appellant, v. Herke D. NIEZWAAG, Appellee (Employee-Claimant below), True Drilling Company, (Employer-Defendant below).

Page 327

444 P.2d 327
WYOMING STATE TREASURER ex rel. WORKMEN'S COMPENSATION DEPARTMENT, Appellant,
v.
Herke D. NIEZWAAG, Appellee (Employee-Claimant below),
True Drilling Company, (Employer-Defendant below).
No. 3682.
Supreme Court of Wyoming.
Aug. 9, 1968.

Page 328

Joseph E. Darrah, Sp. Asst. Atty. Gen., Cheyenne, for appellant.

Thomas A. Burley, County and Pros. Atty., Douglas, for appellee.

Before HARNSBERGER, C. J., and GRAY, McINTYRE, and PARKER, JJ.

Mr. Justice GRAY delivered the opinion of the court.

During the period 1953 through the early part of the year 1957 the claimant, Herke Niezwaag, obtained an award under the Workmen's Compensation Law for temporary total disability and an award for permanent partial disability as the result of the loss of a part of a leg below the knee caused by an injury received in a covered occupation. In 1967 there was a reoccurrence of difficulty with the stump to which an artificial limb had been fitted and claimant filed an application to have his case reopened and also filed a claim for an award for further temporary total disability. The employer objected and the matter was set for hearing.

Subsequently, however, the parties and the court agreed that the objections made raised only a question of law and the matter would be so submitted. In the meantime the State Treasurer, on behalf of the Workmen's Compensation Department, also objected to the reopening of the case and the allowance of the claim. Briefs were filed and on Novermber 24, 1967, the trial judge in a letter addressed to the attorneys and entitled 'MEMORANDUM OPINION'-a copy of which was filed for record with the clerk of court-advised counsel, after discussion of the legal principles involved, that he had concluded 'the application of Mr. Niezwaag must be allowed.' The opinion ended with the words, 'The claim will be allowed.' Thereafter the State Treasurer timely filed notice of appeal 'from that certain order and memorandum opinion dated the 24th day of November, 1967.'

At the outset we are confronted with a question of our own jurisdiction. Even though the parties have not raised the question and have submitted the case on the merits, we are duty bound to inquire into the matter and dismiss the appeal if the record discloses a want of such jurisdiction. Big Horn Coal Co. v. Sheridan-Whoming Coal Co., 67 Wyo. 300, 224 P.2d 172, 177.

The question is posed for the reason that although the notice of appeal in part purports to be...

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20 practice notes
  • Harrington's Estate, Matter of, No. 5606
    • United States
    • United States State Supreme Court of Wyoming
    • July 22, 1982
    ...and Social Services, Wyo., 540 P.2d 523 (1975); Wyoming State Treasurer ex rel. Workmen's Compensation Department v. Niezwaag, Wyo., 444 P.2d 327 (1968); and Gardner v. Walker, Wyo., 373 P.2d 598 We have recognized that the issue sought to be resolved by these parties is one over which the ......
  • Broadhead v. Broadhead, No. 86-110
    • United States
    • United States State Supreme Court of Wyoming
    • May 12, 1987
    ...based thereon in keeping with Rule 58, W.R.C.P." Wyoming State Treasurer, ex rel. Workmen's Compensation Department v. Niezwaag, Wyo., 444 P.2d 327, 329 While it is true that "[o]nce a court has entered a decree dividing the marital property, the order is final and not subject to revision b......
  • Bird v. Rozier, No. 95-232
    • United States
    • United States State Supreme Court of Wyoming
    • December 3, 1997
    ...P.2d 569 (Wyo.1979); Jackson v. State, 547 P.2d 1203 (Wyo.1976); Wyoming State Treasurer ex rel. Workmen's Compensation Dept. v. Niezwaag, 444 P.2d 327 (Wyo.1968); Big Horn Coal Co. v. Sheridan-Wyoming Coal Co., 67 Wyo. 300, 224 P.2d 172 (1950). Indeed, we have a duty to do so. Niezwaag; Bi......
  • Gooden v. State, No. 84-59
    • United States
    • United States State Supreme Court of Wyoming
    • December 19, 1985
    ...555 P.2d 232 (1976), and authorities cited therein; Wyoming State Treasurer ex rel. Worker's Compensation Department v. Niezwaag, Wyo., 444 P.2d 327 (1968), and authorities cited Gooden's appeal is the only case before us. The sole issue is whether § 31-5-233(h), W.S.1977 (1983 Cum.Supp.), ......
  • Request a trial to view additional results
20 cases
  • Harrington's Estate, Matter of, No. 5606
    • United States
    • United States State Supreme Court of Wyoming
    • July 22, 1982
    ...and Social Services, Wyo., 540 P.2d 523 (1975); Wyoming State Treasurer ex rel. Workmen's Compensation Department v. Niezwaag, Wyo., 444 P.2d 327 (1968); and Gardner v. Walker, Wyo., 373 P.2d 598 We have recognized that the issue sought to be resolved by these parties is one over which the ......
  • Broadhead v. Broadhead, No. 86-110
    • United States
    • United States State Supreme Court of Wyoming
    • May 12, 1987
    ...based thereon in keeping with Rule 58, W.R.C.P." Wyoming State Treasurer, ex rel. Workmen's Compensation Department v. Niezwaag, Wyo., 444 P.2d 327, 329 While it is true that "[o]nce a court has entered a decree dividing the marital property, the order is final and not subject to revision b......
  • Bird v. Rozier, No. 95-232
    • United States
    • United States State Supreme Court of Wyoming
    • December 3, 1997
    ...P.2d 569 (Wyo.1979); Jackson v. State, 547 P.2d 1203 (Wyo.1976); Wyoming State Treasurer ex rel. Workmen's Compensation Dept. v. Niezwaag, 444 P.2d 327 (Wyo.1968); Big Horn Coal Co. v. Sheridan-Wyoming Coal Co., 67 Wyo. 300, 224 P.2d 172 (1950). Indeed, we have a duty to do so. Niezwaag; Bi......
  • Gooden v. State, No. 84-59
    • United States
    • United States State Supreme Court of Wyoming
    • December 19, 1985
    ...555 P.2d 232 (1976), and authorities cited therein; Wyoming State Treasurer ex rel. Worker's Compensation Department v. Niezwaag, Wyo., 444 P.2d 327 (1968), and authorities cited Gooden's appeal is the only case before us. The sole issue is whether § 31-5-233(h), W.S.1977 (1983 Cum.Supp.), ......
  • Request a trial to view additional results

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