Pedersen v. Moore
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Proceedings for the probate of a will and lost codicil. Judgment for contestant, and orders denying a motion for' judgment notwithstanding the verdict and for a new trial. Appeal from orders dismissed.
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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Proceedings for the probate of a will and lost codicil. Judgment for contestant, and orders denying a motion for' judgment notwithstanding the verdict and for a new trial. Appeal from orders dismissed. The jurisdiction of the court from which an appeal comes is fundamental; the parties cannot waive the want thereof, and the want of jurisdiction will be noticed though not challenged in the trial court. (First National Bcmlc of Poteau v. School District No. 49 (OH.), 160 Pac. 68; Weyman…
1Opinion of the Court
REDDOCH, District Judge.
Henry T. Shaw died on December 6, 1913, in Canyon county, Idaho, leaving estate therein. In July, 1904, the deceased executed an olographic will in favofi of appellant and others, which was revoked by his subsequent marriage to the respondent on June 11, 1908. Shortly after decedent’s death, M. F. Albei~t and his widow (Marrietta Shaw) were duly appointed administrators of his estate. On February 23-, 1915, appellant filed in the probate court of Canyon county a petition for the probate of the will made in July, 1904, which appellant contends was revived by a lost…
2Cases cited9 opinions
- Bell v. StadlerIdaho Supreme Court · 1918
- Western Lumber & Mill Co v. Merchants' Amusement Co.California Court of Appeal · 1910
- McLean v. City of LewistonIdaho Supreme Court · 1902
- Walsh v. NiessIdaho Supreme Court · 1917
- Bumpas v. MooreIdaho Supreme Court · 1918
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3Cited by8 opinions
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- Boomer v. IsleyIdaho Supreme Court · 1930
- Judd v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1935
- Spencer v. JohnIdaho Supreme Court · 1921
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