Beaucaire v. Sawyer

Wyoming Supreme Court
Beaucaire v. Sawyer, 2 Wyo. 125 (Wyo. 1879)
Fisher

Beaucaire v. Sawyer

Opinion of the Court

Fisher, C. J.

Beaucaire, the orator, appeals from the decree, which was passed by the district court for him, claiming that the amount decreed to him was insufficient. The decree is affirmed as to its amount with costs of the appeal. That decree should- have been passed against all of the defendants, but by inadvertence was rendered against Sawyer alone; and had the appeal been taken against all, the decree would have been- modified into a decree against all; but, as it has been taken against Sawyer and Dare alone, it is modified into a decree against them alone.'

The records of the appeal were allowed because it was proper for Beaucaire to come here to obtain a correction in the decree below, so as to make it operate against Dare.

Decree affirmed.

Reference

Status
Published
Syllabus
Decebe : Modification. — There were three defendants, blit the district court by inadvertence rendered a decree against one alone, and an appeal was taken as to two of the defendants only. Held, that if the appeal had been taken against all, the decree would have been modified into a decree against all, but as it had been taken against two of the defendants alone the decree could only he modified into a decree against them alohe.