Coeur D'Alenes Lead Co. v. Kingsbury

AILSHIE, J.,

Specially Concurring. — I was not present on the oral argument of this case but since the sitting Justices are not able to agree upon the grounds on which the case should be decided, the record and briefs have been referred to me by the Chief Justice with the request that I examine the matter and express my views thereon.

Primarily and fundamentally the appeal taken in Wayne v. Marquardt, 54 Ida. 211, 30 Pac. (2d) 369, in which the supersedeas bond was given, was not taken from any affirmative order or judgment. It was simply taken from a negative order. The appellants had moved…