Johns v. Adams Bros.

Citations

• 2 Wyo. 194

Syllabus

<p>Practice: Rules of Court: Bill of Exceptions. — Section 4, chapter 106 of the Compiled Laws makes it the duty of the supreme court to prescribe rules of practice, and such rules, when not in conflict with the Organic Act or the laws of the Territory are given all the force of statute law. Therefore Rule 6 of this court, which provides, that, “ no case will be heard in court unless a motion for a new trial shall have been made in the court below in which all matters of error and exceptions have been presented, argued and the motion overruled and exceptions taken to the overruling of said motion, all to he embraced in the bill of exceptions,” is in the very line of the court’s duty to prescribe, and was not intended to work an injury, but to point out in practice, what would be required of all who come into this court seeking to set aside decrees or judgments of the court below.</p> <p>Stenographer’s Notes. — The act of December 15, ESTT, in relation to the appointment of a territorial stenographer, which provides, that a transcript of his notes shall be prima facie evidence of the proceedings does not mean absolute, and does not affect section 303 of the Civil Code requiring a certified and absolutely true statement of the evidence to be taken up in all proceedings in error.</p>