Goade v. Gossett
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Motion to dismiss appeal. An appeal taken prior to the signing and filing of an order overruling a motion for a new trial, or. prior to the entry of final judgment, is prematurely taken, confers no jurisdiction upon the supreme court, and will, on motion, be dismissed.
Read the full summary
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Motion to dismiss appeal. An appeal taken prior to the signing and filing of an order overruling a motion for a new trial, or. prior to the entry of final judgment, is prematurely taken, confers no jurisdiction upon the supreme court, and will, on motion, be dismissed. (C. S., sec. 7152; Thompson v. Harris, 80 Ida. 109, 163 Pae. 611; Stout v. Cunningham, 33 Ida. 83, 189 Pac. 1107; Santti v. Hartman, 29 Ida. 490, 161 Pac. 249; Continental & Commercial Trust & Savings Bank v. Werner, 33…
1Opinion of the CourtDunn, J.
In this case there was an appeal from the judgment and also from the order denying the motion for a new trial. Respondent moved to dismiss the appeal from the judgment on the ground that it was taken too late, since the judgment was entered on June 4, 1920, and the notice of appeal therefrom was not filed in the office of the clerk until .February 15, 1921. Under these conditions, since the time for taking this appeal was 90 days from the date of entering the judgment, this appeal must be dismissed.
Respondent also moved to dismiss the appeal from the order denying the motion for a new trial…
2Cited by13 opinions
- Spivey v. District Court of Third Judicial DistrictIdaho Supreme Court · 1923
- Continental & Commercial Trust & Savings Bank v. WernerIdaho Supreme Court · 1923
- Kraft v. StateIdaho Supreme Court · 1978
- State v. GisselIdaho Court of Appeals · 1983
- State v. LindemanNorth Dakota Supreme Court · 1934
8 more not listed; retrieve them via the Exa API.