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WYOMING REPORTS

CASES DECIDED

IN THE

SUPREME COURT

OF

WYOMING

FROM

NOVEMBER 15, 1892, TO FEBRUARY 15, 1894

REPORTED BY

CHARLES N. POTTER

VOL. 4

CHICAGO

CALLAGHAN & COMPANY
1898

Entered according to Act of Congress, in the year 1898,

By CALLAGHAN & COMPANY,

In the Office of the Librarian of Congress, at Washington, D. C.

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JUSTICES OF THE SUPREME COURT OF

WYOMING

During the Period Covered by this Volume.

HERMAN V. S. GROESBECK, Chief Justice.
ASBURY B. CONAWAY, Justice.

HOMER MERRELL, Justice, to January 2, 1893.
GIBSON CLARK, Justice, since January 2, 1893.

Clerk, RICHARD H. REPATH.

Attorney General, CHARLES N. POTTER.

DISTRICT JUDGES OF WYOMING
During the Period Covered by this Volume.

First District, RICHARD H. SCOTT, Cheyenne.
Second District, JOHN W. BLAKE, Laramie.
Third District, JESSE KNIGHT, Evanston.
Fourth District, WILLIAM S. METZ, Sheridan,
since February 13, 1893.

RULES OF THE SUPREME COURT.

Amended or adopted since the publication of Vol. 3 of Wyoming Reports.

Rule 1. (Amended October 12, 1897.) Regular public sessions of the court during the term shall be held at the capitol, commencing at ten o'clock a. m., unless otherwise specially ordered in stated cases.

Rule 10. (Amended March 26, 1895.) The plaintiff in error shall, at the time of filing the record or transcript in this court, if the case be a civil cause, and at the time of obtaining a writ of error if the case be a criminal cause, deposit with the clerk of this court the sum of ten dollars to apply on costs; and the fees charged for the services of the clerk in this court for criminal causes shall be the same as those prescribed by law in civil causes, where there is no statute to the contrary; Provided, however, that a poor convict in a criminal cause may be excused from the payment of any costs in proceedings in error or upon a writ of error to this court, upon a showing satisfactory to the court or to the justice thereof allowing the writ of error that he is unable to pay the same on account of his poverty, where the statute does not provide for the payment of such costs.

Rule 15. (Amended March 19, 1895.) Within sixty days after filing his petition in error, the plaintiff in error shall file with the clerk four copies of his brief, and shall also within that period serve upon or mail to the opposite party, or his attorney of record, one other copy of such brief; and within forty-five days after the expiration of said sixty days the defendant in error shall file with the clerk four copies of his

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