Legal Opinion

Columbia Trust Co. v. Balding

Idaho Supreme Court

Decided November 29, 1921Published

APPEAL from the District Court of the Sixth Judicial District, for Butte County. Hon. F. J. Cowen, Judge. Action in foreclosure. Judgment for plaintiff.

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APPEAL from the District Court of the Sixth Judicial District, for Butte County. Hon. F. J. Cowen, Judge. Action in foreclosure. Judgment for plaintiff. The failure of the appellants to serve a copy of the transcript upon the respondent; the settlement of the transcript by the trial court without notice to the respondent, and in its absence, and the failure of the appellants to lodge the transcript in the supreme court within sixty days after the settlement thereof by the trial court, or within six months after the perfecting of the appeal, no extension of time within which to serve and file…

1Opinion

ON REHEARING.

LEE, J.

This cause was before the court upon respondent’s motion to dismiss the appeal, which was heard and sustained for the reasons stated in the original opinion, ante, p. 579, 205 Pac. 264. Appellants petitioned for a rehearing on said order of dismissal, and set forth as -reasons therefor: (1) That they employed counsel to-defend their cause in the district and also in the supreme court, under the terms of a written contract which had been kept and performed by them; (2) that after their appeal had been perfected by their counsel on August 13, 1919, by inadvertence, mistake…

2Cases cited9 opinions

  1. Grisinger v. HubbardIdaho Supreme Court · 1912
  2. Bohannon Dredging Co. v. EnglandIdaho Supreme Court · 1917
  3. Strand v. Crooked River Mining & Milling Co.Idaho Supreme Court · 1913
  4. Furey v. TaylorIdaho Supreme Court · 1912
  5. Boise-Payette Lumber Co. v. McCarthyIdaho Supreme Court · 1918

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