Wyoming Reports Volume 27

Wyoming Reports Volume 27

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ... & D. Ry. v Bailey, 70 N. E. 900; Rior R. R. Co., 3 Wyo. 678; 27 Pac. 880; Board Commrs. v. Shaffner, 10 Wyo. 181; 68 Pac. 14; Ross v. Willett, 54 Ohio St. Rep. 150; Bantz v. Roder, 14 Ohio Rep. 218.) Civil procedure as to sufficiency and amendment of pleadings govern, (Riordan v. Horton, 16 Wyo. 363; 94 Pac. 448; Cin. H. & D. Ry. v. Bailey, supra, amendment is one of form and not of substance, Sections 4434 to 4443 Wyo. Uomp. Stats. 1910, Cin. H. & D. Ry. Co. v. Bailey supra; Riordan v. Horton, supra; Redmond v. Union Pacific, supra; Board Commrs. v. Shaffner, supra; Ross v. Willett, supra; Bantz v. Roder, supra. This courtretains jurisdiction pending-rehearing Rule 23 of this Court. This court has held that by analogy the statutes pertaining to civil procedure apply to proceedings in error, Riordan v. Horton, supra. In adopting the civil code of Ohio our legislature adopted the policy of Ohio with respect to the disposition of cases upon their merits and copied the Ohio statutes relating to mistakes and amendments, which appear in our compilation of 1910, as Sections 4434 to 4443 inclusive. The important sections for this consideration conclude with Section 4439. The policy of this legislature is that error or defects not affecting substantial rights are to be disregarded. An unsigned petition in error may be amended, 4437 Comp. Stats. 1910, and an affidavit for appeal from the Justice Court, Redmond v. Union Pacific R. R. Co., supra. This court is one of general jurisdiction, Hobart v. Hammel, 18 N. J. L. 73. An unsigned petition in error is not a nullity but may be amended. (Manspeaker v. Bank, 4 Kan. App. 768, 46 Pac. 1012; Sims v. Dame, 15 N. E. 217; 113 Ind. 127; Bruner v. Norchner, 150 Pac. 159; Canadian Bank v. Leale, ...show more

Product details

  • Paperback | 198 pages
  • 189 x 246 x 11mm | 363g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236886771
  • 9781236886774