Johnston v. Bd. of Trustees, Sch. Dist. # 1

8 Citing cases

  1. Dawson v. Jackson Nat'l Life Ins. Co.

    2:19-cv-883-GMB (N.D. Ala. Aug. 12, 2021)

    Id. (citing Iowa v. Sheets, 338 N.W.2d 886 (Iowa 1983); Thomas v. Dep't of Corrs., 430 So.2d 1153 (La. Ct. App. 1983); Nelson v. Sandkamp, 34 N.W.2d 640 (Minn. 1948); Leach v. Chu, 150 A.D.2d 842 (N.Y. 1989); Meisel v. Piggly Wiggly Corp., 418 N.W.2d 321 (S.D. 1988); Johnston v. Bd. of Trustees, 661 P.2d 1045 (Wyo. 1983)). As the Supreme Court has noted, even Webster's New World Dictionary supports the proposition that a โ€œโ€˜civil or legal day is from midnight to midnight.

  2. Matter of Lyles

    957 P.2d 843 (Wyo. 1998)   Cited 14 times

    A special provision that has been promulgated by statute prevails over general provisions. Johnston v. Board of Trustees, School District # 1 West, Sheridan County, Wyoming, 661 P.2d 1045, 1049 (Wyo. 1983). Although the division's referral may be beyond administrative review as the employee asserts, it is not beyond judicial review.

  3. Husebye v. Jaeger

    534 N.W.2d 811 (N.D. 1995)   Cited 9 times
    Concluding that a referendum petition regarding a senate bill was properly delivered within 90 days after the bill's filing, even though the bill was filed at 4:48 p.m. and the petition was submitted 90 days later after 4:48 p.m.; holding that "it is almost universally accepted that, unless concerned with priority between two events occurring on the same day, a day is considered an indivisible unit of time, and fractions of a day are disregarded in computing time"

    Other courts have also recognized that the term "day" generally means the full twenty-four hour period running from midnight to midnight. See, e.g., State v. Sheets, 338 N.W.2d 886 (Iowa 1983); Thomas v. Department of Corrections, 430 So.2d 1153 (La.Ct.App. 1983); Nelson v. Sandkamp, 227 Minn. 177, 34 N.W.2d 640 (1948); Leach v. Chu, 150 A.D.2d 842, 540 N.Y.S.2d 596 (1989); Meisel v. Piggly Wiggly Corp., 418 N.W.2d 321 (S.D. 1988); Johnston v. Board of Trustees, 661 P.2d 1045 (Wyo. 1983); see also 74 Am.Jur.2d Time ยง 11 (1974); 86 C.J.S. Time ยง 12 (1954). Webster's New World Dictionary 361 (2nd ed. 1982), says that the "civil or legal day is from midnight to midnight."

  4. Robinson v. Bell

    767 P.2d 177 (Wyo. 1989)   Cited 8 times

    There is nothing in this statute which requires an employee to make an election to either receive benefits under the Act or sue his employer. This Court will not read words into a statute which are not there. Wilcoxson v. Employment Security Commission of Wyoming, 741 P.2d 611 (Wyo. 1987); Johnston v. Board of Trustees, School District # 1 West, Sheridan County, Wyoming, 661 P.2d 1045 (Wyo. 1983). To the contrary, it is clear that the statute does not limit or affect any right of action by an employee against an unqualified employer.

  5. Department of Revenue Tax. v. Hamilton

    743 P.2d 877 (Wyo. 1987)   Cited 9 times

    Webster's Third New International Dictionary, p. 2028 (1971). This Court will not read into laws what is not there. Wilcoxson v. Employment Security Commission of Wyoming, Wyo., 741 P.2d 611 (1987); Johnston v. Board of Trustees, School District # 1 West, Sheridan County, Wyoming, Wyo., 661 P.2d 1045 (1983). The clear intent of the provision at issue here is that the hearing must be scheduled within 45 days of receipt of the request.

  6. Wilcoxson v. Employment Security Com'n

    741 P.2d 611 (Wyo. 1987)   Cited 2 times

    Upon a plain reading of ยง 27-3-313(a)(i), it is clear the legislature intended that, if unemployment is due to a work stoppage resulting from a labor dispute, the individual is disqualified from receiving unemployment benefits. This Court will not read into laws words which are not there. Johnston v. Board of Trustees, School District # 1 West, Sheridan County, Wyoming, Wyo., 661 P.2d 1045 (1983). Absent some indication from the legislature that it intended to fund unemployment compensation for locked out employees such as Wilcoxson, this Court will not extend coverage.

  7. Matter of Estate of Reed

    672 P.2d 829 (Wyo. 1983)   Cited 7 times

    Ambiguity exists when a word or group of words in a statute is susceptible to more than one meaning. Johnston v. Board of Trustees, School District No. 1, Wyo., 661 P.2d 1045 (1983). Handwriting is not an ambiguous word, nor is the word entirely.

  8. AGO

    AGO 1999 No. 2 (Ops. Wash. Atty. Gen. Feb. 3, 1999)

    See, e.g., State ex rel. Greb v. Hurn, 102 Wn. 328, 329-30, 172 P. 1147, 1 A.L.R. 274 (1918); Ayars v. O'Connor, 45 Wn. 132, 134, 88 P. 119 (1906). . . In re the Marriage of Hansen, 81 Wn. App. 494, 499, 914 P.2d 799 (1996); see also City of Lubbock v. Elkins, 896 S.W.2d 346 (Tex.App. 1995); Johnston v. Board of Trustees, 661 P.2d 1045 (Wyo. 1983). Where the legislature has used the word "day" in some other sense, the courts will follow the intent of the legislature and define the term otherwise.