The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1882-03-15
THE SUPREME COURT

The supreme court met pursuant to
adjournment. Present, Chief Justice
Sener and Associate Justices Blair and
Parks.
On motion of w. W. Corlett, ]. c.
$. Richardson was admitted to prac-
tice In the supreme court.
Annie Jubb VS.. Russell Thorp and
Harry Booth. Opinion by
SENER, G. This case came up on
a writ Of error from the district court
in and for Uinta county, having been
originally an action Of unlawful entry
and detainer brought by the plaintiff in
error before a justice of the peace who
gave judgment of restitution and also
costs. She appealed to the district
court where the court entered judg-
ment for the defendants In error, Civ
ing them the costs, amounting to
$17.40. Mrs. Jubb excepted. The cas-
was heard at the 'S1 term of court, on
the defendants motion to dismiss the
writ of error on the ground that no
proper bill Of exceptions vas signed
and that the court had no authentic re-
cord. The motion held to be well
taken, because the record shows that
the bill was signed by Judge Peck out
Of the county of Uinta, and out Of the
jurisdiction Of the court where it was
tried, hence it was no bill of exceptions.
Motion sustained, writ Of error dis
missed, cause discontinued and clerk
ordered to notify court below that its
judgment in the case has become final
by reason OF this opinion and order.
B. F. Woods, Amos Mosher, as
signee, plaintiff in error, VS.. The Hill.
lard Flume and Lumber company,
- on motion to amerce the sheriff,
George W. Pepper, defendant. in error.
Opinion by
SENER, e. J.-This case came up on
n writ Of error from the district court
in and for Uinta county. The facts
are briefly that Mosher, the assignee of
Woods, moved the court below to
amerce the sheriff, Pepper In a judg-
ment for $408. % for neglecting and re-
fusing to pay over money On IN execu-
tion together with 20 per cent. there
on as damages, and the costs. Case on
the motion tried, and judgment given
for plaintiff in the sum of 500. 80, waiv-
ing the 20 per cent. Plaintiff moved
for a new trial, or as he expresses it, a
%rehearing on the motion, which vas re-
fused by the court below and plaintiff
excepted.
The case was heard at the 'Sl term
on the defendants motion to dismiss,
eight grounds being assigned, one of
which is sufficient to dispose of the
motion, namely, that there was no
proper bill of exceptions filed. Per-
mission was given the plaintiff in error
to file his bill of exceptions by the first
day OF the next term Of the court, or
the 9th Of January, 1880. The record
shows that the bill was presented to
me, Hon. j.. 3. Blair, as a Judge, not
to the court, nor in Unita county, nor
does 1t appear where, and on the Both
of March. 1880. These facts being in
d~isputable the motion to dismiss the
writ OF error is sustained, clerk or
dered to notify the court below that its
judgment has become final by the &C
tion of the supreme court herein.
Francis Mulhem, plaintiff in error
VS.. The Union Pacific Ry. Co. defen-
dant in error. Argument concluded
and the case taken under advisement
by the conrt.
The Union Pacific Ry. Co. VS.. John
W. Donnellan, treasurer of Albany
county. Argument not concluded
when court adjourned until ten O'Clock
this morning.