Legal Opinion

Robson v. Colson

Idaho Supreme Court

Decided June 30, 1903PublishedCited by 2 opinions

APPEAL from District Court, Fremont County. Honorable Joseph C. Rich, Judge. Judgment for plaintiffs from which defendants appeal. cite no authorities upon the points on which the case was decided. It is a well-settled principle that where motion for new trial is joint and one of the moving parties is not ¡entitled to a new trial, motion should be overruled as to all.

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APPEAL from District Court, Fremont County. Honorable Joseph C. Rich, Judge. Judgment for plaintiffs from which defendants appeal. cite no authorities upon the points on which the case was decided. It is a well-settled principle that where motion for new trial is joint and one of the moving parties is not ¡entitled to a new trial, motion should be overruled as to all. (Hogan v. Peterson, 8 Wyo. 549, 59 Pac. 162.) Proposed statement and amendments thereto not delivered to clerk. This exact question was decided in Hoehnan v. New York Dry Goods Go., 8 Idaho, 66, 67 Pac. 796. Appellants rely on…

1Opinion of the CourtStockslager, J.

This case comes here on appeal from the district court of Fremont county. The transcript was filed December 30, 1902. On the twenty-fourth day of April, 1903, defendants moved the court to dismiss the appeal from the judgment and at the same time a motion was filed to dismiss the appeal from the order denying motion for new trial.

The motion to dismiss appeal from the judgment follows: “Come now the respondents, John Eayle, Elizabeth Eayle, Dennis Small, James Colson, B. A. Hunsucker, Hudson Cattle-Company, E. A. Pyke, John Robson, W. H. Robson and Pyke Bros. & Clark, and move the court to…

2Cases cited11 opinions

  1. Eddelbuttel v. DurrellCalifornia Supreme Court · 1880
  2. Marks v. TaylorUtah Supreme Court · 1901
  3. Zickler v. DeeganMontana Supreme Court · 1895
  4. Cronin v. Bear Creek Gold Mining Co.Idaho Supreme Court · 1892
  5. Eddy v. Van NessIdaho Supreme Court · 1885

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3Cited by2 opinions

  1. Frank v. Bunker Hill Co.Idaho Supreme Court · 1990
  2. Frank v. Bunker Hill Co.Idaho Supreme Court · 1990

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