Jacobs v. Shenon
Idaho Supreme Court
APPEAL from District Court, Lemhi County. The transcript not being served and filed within the time, and in the manner required by said rules, the law controlling the questions at issue, the motion to reinstate this appeal should be denied. The showing is not sufficient, and the negligence of the attorney for appellant is no sufficient reason.
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APPEAL from District Court, Lemhi County. The transcript not being served and filed within the time, and in the manner required by said rules, the law controlling the questions at issue, the motion to reinstate this appeal should be denied. The showing is not sufficient, and the negligence of the attorney for appellant is no sufficient reason. (Fahey v. Belcher, 3 Idaho, 355, 29 Pac. 112.) Appellant has no right now to be heard, notice of motion to dismiss having been served upon him. His showing, if he could make one, should have been made in opposition to the motion to dismiss, and he is…
1Opinion of the CourtMokgan, C. J.
(After Stating the Facts). — This affidavit, showing mistakes of attorney in regard to rules of the court, if of any force at any time, should have been presented to the court on the hearing of the motion to dismiss appeal. It comes too late in support of a motion to reinstate. The case of Welch v. Kenney, 47 Cal. 414, is in point. In that ease the transcript was not filed in time, the appeal was dismissed, and appellant made a motion to set aside the order of dismissal, and filed affidavit of facts tending to show excuse for'the default of appellant. The court says that, if there are…
2Cases cited2 opinions
- State v. O'BrienIdaho Supreme Court · 1892
- Welch v. KenneyCalifornia Supreme Court · 1874
3Cited by1 opinion
- Hilmen v. NygaardNorth Dakota Supreme Court · 1915