Utana Mining Corp. v. Salmon River Power & Light Co.

— The appeal in this ease was dismissed for failure of appellant to file' the transcript within the time fixed by Rule 26 of this court. Petition for rehearing has been filed by appellant, in which it is urged that since one or more terms of court had passed after the transcript was filed before the motion to dismiss was made the motion should have been denied under Rule 51 of this court, the contention of appellant being that under the decision in the ease of Stout v. Cunningham, 29 Ida. 809, 162 Pac. 928, wherein it is held that “failure-to file and serve transcript within the time fixed by…