H. B. Lake & Co. v. Bales
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed L. Bryan, Judge. Action on contract. Judgment for plaintiff. The facts in this case come squarely within the case of Welch v. Spokane etc. By.
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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed L. Bryan, Judge. Action on contract. Judgment for plaintiff. The facts in this case come squarely within the case of Welch v. Spokane etc. By. Go., 32 Ida. 668, 186 Pac. 915. While Rule 26 has been amended since the Welch case, nevertheless the rule has been interpreted to mean that the appeal is perfected and completed in the supreme court, where it embodies a reporter’s transcript, only when the transcript is settled and allowed by the trial court. (Welch v. Spokane etc. By. Co., 32 Ida. 668, 186…
1Opinion of the CourtBudge, J.
The respondent moves to dismiss the appeal in this action upon the ground that the transcripts of the record were not served and filed in this court within ninety days after the perfection of the appeal, no extension of time for the filing of said transcripts having been applied for or made.
From the record it appears that the appeal was perfected on January 30, 1922, but that the transcript was not filed in this court until July 7, 1922, more than five months thereafter, and that no application for an extension of time was asked for or granted for the filing of the transcript in this court.
Rul…
2Cases cited4 opinions
- Blumauer-Frank Drug Co. v. First National BankIdaho Supreme Court · 1922
- Iowa State Savings Bank v. TwomeyIdaho Supreme Court · 1918
- Woodmansee & Webster Co. v. WoodmanseeIdaho Supreme Court · 1918
- Columbia Trust Co. v. BaldingIdaho Supreme Court · 1921
3Cited by7 opinions
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- Utana Mining Corp. v. Salmon River Power & Light Co.Idaho Supreme Court · 1923
- Gates v. Todd Commercial Co.Idaho Supreme Court · 1923
- Intermountain Ass'n of Credit Men v. Rexburg Farmers Society of Equity, Ltd.Idaho Supreme Court · 1923
- Sharp v. BrownIdaho Supreme Court · 1923
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