State ex rel. Frederick v. Allen

4 Citing cases

  1. State v. Hambrick

    65 Wyo. 1 (Wyo. 1948)   Cited 14 times
    In Hambrick, a defendant was found guilty on forty-six counts of embezzling funds from Memorial Hospital of Carbon County.

    And they insist in their argument at this time that Mr. Johnson stated: "Defendant has not explained her bank accounts." If the motion be construed as one to have the record corrected in the trial court, then we are met with the case of State, etc. vs. Allen, 42 Wyo. 51, 288 P. 1058, and cases therein cited, in which it is held that an application for withdrawal of the record on appeal for correction from memory of witnesses is too late after the close of the term at which the judgment has been rendered, and that it can then be amended only upon minutes or memoranda in possession of the court or judge. It does not appear by the motion or the affidavits attached thereto that any such minutes or memoranda are in the possession of the court or judge.

  2. Burbank v. Paige

    75 P.2d 387 (Wyo. 1938)

    115 P. 897; State v. County Clerk, 43 Wyo. 461; Company v. Phillips, 48 Wyo. 390; Tibbals v. Graham, 61 P.2d 279. Earlier decisions of the court show uniform adherence. Hahn v. Bank, 25 Wyo. 467; Koch v. Koch, 41 Wyo. 450; Lindback v. Lackey, 41 Wyo. 493; Samuelson v. Publishing Co., 41 Wyo. 487; Auto Company v. Bundy, 42 Wyo. 68; Coal Company v. Sikora, 42 Wyo. 60; In re Contas, 42 Wyo. 59; State v. Allen, 42 Wyo. 51. Respondent by giving notice of election to purchase in her answer filed on May 8, 1936, terminated the relation of landlord and tenant and raised in its stead that of vendor and purchaser. This being true, there was then no option to be exercised on May 20, 1036.

  3. Cottier v. Sullivan

    31 P.2d 675 (Wyo. 1934)   Cited 16 times

    In Barnett v. Finance Ass'n., 38 Wyo. 511, 268 P. 1025, we said: "If the entry of record is actually shown, the date may be presumed to be that of the rendition, or the date which it bears." See, also, State v. Allen, 42 Wyo. 51, 288 P. 1058. Under the foregoing authorities, we may presume that the judgment in the case at bar was entered on the date it was rendered if that date appears from the record and there is nothing to indicate that it was entered at some other time. It is evident that, following a common and proper practice in cases of this kind (Hahn v. Citizens State Bank, supra, at p. 479 of 25 Wyo., 171 P. 889, 172 P. 705), the form of the judgment was approved and signed by the trial judge, and then delivered to the clerk for entry. The delivery of this approved and signed form to the clerk for entry may properly be considered the last act in the rendition of the judgment.

  4. Fryer v. Campbell

    28 P.2d 475 (Wyo. 1934)   Cited 14 times

    Seng v. State, 20 Wyo. 222; Fishback v. Bramel, 6 Wyo. 293; Howard v. Bowman, 3 Wyo. 311; McCague Inv. Co. v. Mallin, 23 Wyo. 201; Royal Insurance Co. v. Walker Company, 23 Wyo. 264; Callahan v. Houck Co. 14 Wyo. 201; Wyoming v. Holliday Company, 3 Wyo. 386. The record should not be permitted to be withdrawn for amendment. State v. Allen, 42 Wyo. 51. The trial court cannot amend the bill after expiration of the term. Stockgrowers' Bank of Wheatland v. Gray, 22 Wyo. 482. There must be a specific assignment of error relied on. Wolcott v. Bachman, 3 Wyo. 335. A ruling on a demurrer is not a reviewable order.