Glafcke v. O'Brien

Decided March 15, 1875

Wyoming Supreme Court · decided 1875-03-15

Motion to affirm the judgment of the district court. Judgment was rendered in the district court in favor of O’Brien against Glafcke. Glafcke thereupon filed his undertaking in proceedings in error in the district court, as required by the statute, but took no further action to carry the case to the supreme court.

Decided 1875-03-15

¶1By the Court,

Fisher, C. J.:

¶2And now, to wit, March 28, 1876, the court, after consideration of the rule and answer, find that in order to obtain a stay of execution, or to act as a supersedeas, as provided in the statutes of 1873, the plaintiff in error should commence his proceedings in error, by filing his petition and a transcript of the case in the supreme court, together with an undertaking, as provided by the statutes. And that the mere filing of an undertaking, without commencing any other proceedings in error, is not, in itself, sufficient to give a stay of proceedings or act as a supersedeas.