Idaho Comstock Mining & Milling Co. v. Lundstrum
Idaho Supreme Court
APPEAL from the District Court of Idaho County, Honorable. Edgar C. Steele, District Judge. ... Judgment for defendant, from which, and an order overruling a motion for new trial, he appeals. The notice of intention to move for a' new trial, and referred to, is sufficient, both as to form and substance, as required by our statute, section 4441, Revised Statutes, when based upon the minutes of our court, and the same was filed and served.
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APPEAL from the District Court of Idaho County, Honorable. Edgar C. Steele, District Judge. ... Judgment for defendant, from which, and an order overruling a motion for new trial, he appeals. The notice of intention to move for a' new trial, and referred to, is sufficient, both as to form and substance, as required by our statute, section 4441, Revised Statutes, when based upon the minutes of our court, and the same was filed and served. But if this had not been done respondent cannot here question the notice, after they participated in the argument for a new trial, upon which the notice was…
1Opinion of the CourtStockslager, J.
Counsel for respondents file their motion to dismiss the appeal in this case alleging insufficiency of the notice of appeal, improper service of the notice, and insufficiency of the undertaking on appeal.
■ It seems that the Idaho Comstock Mining and Milling Company commenced its -action in the district court of Idaho county against Frank Lundstrum, appellant, alleging ownership of a *263large number- of mining claims^ both placer and quartz, in said Idaho county, together with certain tools, machinery, buildings, mining appliances, etc., and that Lundstrum on or about the first day of December,…
Also in this document: Concurrence.
2Cases cited3 opinions
- Crawford v. WistOregon Supreme Court · 1895
- Hamilton v. ButlerOregon Supreme Court · 1898
- Meley v. BoulonCalifornia Supreme Court · 1894
3Cited by10 opinions
- Keane v. Pittsburg Lead Mining Co.Idaho Supreme Court · 1909
- Seafoam Mines Corp. v. VaughnIdaho Supreme Court · 1936
- Mendilie v. SnellIdaho Supreme Court · 1912
- Dubick v. DubickCourt of Appeals of Kentucky · 1983
- Williamson v. MooreIdaho Supreme Court · 1905
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