Haas v. Teters
Idaho Supreme Court
APPEAL from tbe District Court of tbe Seventh Judicial District, for Canyon County. Hon. Ed L. Bryan, Judge. Respondent moved to dismiss tbe appeal on tbe ground, among other things, that the undertaking on appeal was not filed within five days after the notice of appeal was served as provided by sec. 4808, Rev. Codes. cite no authorities on point decided.
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APPEAL from tbe District Court of tbe Seventh Judicial District, for Canyon County. Hon. Ed L. Bryan, Judge. Respondent moved to dismiss tbe appeal on tbe ground, among other things, that the undertaking on appeal was not filed within five days after the notice of appeal was served as provided by sec. 4808, Rev. Codes. cite no authorities on point decided. Sec. 4808, Rev. Codes, provides that an appeal is ineffectual for any purpose unless within five days after service of notice of appeal an undertaking be filed or a deposit of money be made with the clerk or the undertaking waived by the…
1Opinion of the CourtSullivan, C. J.
— Respondent moves to dismiss tbe appeal on tbe ground, among other things, that the undertaking was not filed within five days after the notice of appeal was served on the attorney for the adverse party, as provided by sec. 4808, Rev. Codes.
It appears from the record that the notice of appeal was served on the 12th day of'October, 1909, and the undertaking was not filed with the clerk of the proper court until the the 22d day of October, 1909, making ten days between the service of the notice of appeal and the filing of the undertaking. Under the provisions of said section of the statute,…
2Cases cited3 opinions
- Cole v. FoxIdaho Supreme Court · 1907
- West v. DygertIdaho Supreme Court · 1907
- Village of Hailey v. RileyIdaho Supreme Court · 1907
3Cited by4 opinions
- Kimzey v. Highland Livestock & Land Co.Idaho Supreme Court · 1923
- Woodmansee & Webster Co. v. WoodmanseeIdaho Supreme Court · 1918
- Myers v. HarveyIdaho Supreme Court · 1924
- Kingsbury v. LeeIdaho Supreme Court · 1922