England v. Nelson
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. F. J. Cowen, Judge. Action in claim and delivery. Judgment dismissing appeal from probate court.
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APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. F. J. Cowen, Judge. Action in claim and delivery. Judgment dismissing appeal from probate court. When a justice of the peace receives and accepts a certified check in place and stead of money deposit on an appeal from such court to the district court, and no effort has been made to cash the cheek and no contention is -made that the bank is insolvent, or that the cheek could not be cashed, the deposit of the cheek with the officer was a substantial compliance with the statute, sec. 4778, which authorizes a…
1Opinion of the CourtBudge, C. J.
This is an appeal from a judgment dismissing an appeal from the probate court to the district court. One of appellants’ attorneys, when the appeal was taken from the probate court, gave his personal check to the probate judge in lieu of filing an undertaking on appeal. The only question involved is whether the giving of this cheek to the probate judge was “a deposit with the court of a sumcof money equal to the amount of the required undertaking. ’ ’
It was stipulated on the motion to dismiss the appeal that the check was never presented' for payment, that it was in an amount sufficient, if in…
2Cases cited3 opinions
- Born v. First National BankIndiana Supreme Court · 1890
- Smith v. FieldIdaho Supreme Court · 1911
- Alt v. California Fig Syrup Co.Nevada Supreme Court · 1884
3Cited by4 opinions
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- Parrish v. Menz School District No. 5North Dakota Supreme Court · 1929
- Martinson v. MartinsonIdaho Supreme Court · 1966
- Estep v. DeGarmoShenandoah County Circuit Court · 1951