Wolter v. Church
Idaho Supreme Court
APPEAL from tbe District Court of the Fourth Judicial District, for Lincoln County. Hon. F. J. Cowen, Presiding Judge. Motion to dismiss the appeal for failure to file transcript within the time prescribed by rule 26 of the rules of this court. "General rules are binding upon the court as well as upon the parties, except where in the original rule or body of rules there is power to exercise discretion in particular eases.”
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APPEAL from tbe District Court of the Fourth Judicial District, for Lincoln County. Hon. F. J. Cowen, Presiding Judge. Motion to dismiss the appeal for failure to file transcript within the time prescribed by rule 26 of the rules of this court. "General rules are binding upon the court as well as upon the parties, except where in the original rule or body of rules there is power to exercise discretion in particular eases.” (Quynn v. Brooke, 22 Md. 288; Pratt v. Pratt, 157 Mass. 503, 32 N. E. 747, 21 L. R. A. 97; Magnuson v. Billings, 152 Ind. 177, 52 N. E. 803; Coyote etc. M. Co. v. Ruble, 9…
1Opinion of the CourtRice, J.
This cause comes on at this time upon a motion to dismiss the appeal. Several grounds for dismissal are urged, but it will only be necessary to consider the one relating to the failure of the appellants to file and serve transcript within the time limited by rule 26 of the rules of this court.
In this case the judgment was entered by the trial court on the 23d day of October, 1916. The appeal was perfected on the 8th day of January, 1917, and on the 21st day of March this motion to dismiss the appeal was filed. At the time of the motion the transcript had not been filed and served, and no…
2Cases cited1 opinion
- Stout v. CunninghamIdaho Supreme Court · 1917
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