Simmons Hardware Co. v. Alturas Commercial Co.
Idaho Supreme Court
APPEAL from District Court, Alturas County. The clerk of the court is expressly authorized by statute to authenticate transcripts on appeal. (Idaho Eev. Stats., sec. 4821.) The rule of this court follows the statute. (Supreme Court Eule 27, p. 11.) It is true that both statute and rules provide that the authentication may be by stipulation of counsel of the respective parties, but neither the statute nor the rule compel or require counsel to stipulate.
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APPEAL from District Court, Alturas County. The clerk of the court is expressly authorized by statute to authenticate transcripts on appeal. (Idaho Eev. Stats., sec. 4821.) The rule of this court follows the statute. (Supreme Court Eule 27, p. 11.) It is true that both statute and rules provide that the authentication may be by stipulation of counsel of the respective parties, but neither the statute nor the rule compel or require counsel to stipulate. The law makes it the duty of the clerk to authenticate transcripts on appeal, and he is the only officer or person upon whom that duty is…
1Opinion of the CourtMorgan, C. J.
The district court is required by law to keep a complete record of all matters and proceedings had and done in said court. This record is kept by the clerk under the direction of the judge. It is also necessary that a record of all matters done at chambers should be kept. It is the practice of the district court judges to direct the clerk to keep this record also. Necessarily, then, the clerk has as good a knowledge of the proceedings at chambers as he has of court proceedings. It would be the duty of the clerk, under the direction of the judge, to in some manner identify the papers, or in…
2Cases cited5 opinions
- Herrlich v. McDonaldCalifornia Supreme Court · 1889
- Nash v. HarrisCalifornia Supreme Court · 1881
- Pieper v. Centinela Land Co.California Supreme Court · 1880
- Walsh v. HutchingsCalifornia Supreme Court · 1882
- Baker v. SnyderCalifornia Supreme Court · 1881
3Cited by6 opinions
- Hall v. JensenIdaho Supreme Court · 1908
- Dudacek v. VaughtIdaho Supreme Court · 1916
- Village of Sand Point v. DoyleIdaho Supreme Court · 1903
- Walsh v. NiessIdaho Supreme Court · 1917
- Steensland v. HessIdaho Supreme Court · 1913
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