Iowa State Savings Bank v. Twomey
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District, for Bonneville County. Hon. James G. Gwinn, Judge. Action to recover on three promissory notes; judgment for defendants. Plaintiff appeals. The diligence which this court requires must be directed toward seeing that the transcript of the record on appeal is filed within the time allowed under the rules of this court does not embrace the obtaining of an order extending the time for the filing of such transcript.
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APPEAL from the District Court of the Ninth Judicial District, for Bonneville County. Hon. James G. Gwinn, Judge. Action to recover on three promissory notes; judgment for defendants. Plaintiff appeals. The diligence which this court requires must be directed toward seeing that the transcript of the record on appeal is filed within the time allowed under the rules of this court does not embrace the obtaining of an order extending the time for the filing of such transcript. At any rate the record in this case shows that the appellant is entirely blameless for the'delay that occurred. (Stout v.…
1Opinion of the CourtBudge, C. J.
The appeal in this case was perfected by filing notice and undertaking on .appeal on January 31, *6851917. The transcript was not filed, however, until April 8, 1918, more than fourteen months after the appeal had been perfected, notwithstanding the fact that Rule 26 of the rules of the supreme court then in effect provided that:
“In all eases where an appeal is perfected, .... transcripts of the record (showing the date of filing the undertaking on appeal) must be served upon the adverse party and filed in this court within sixty days after the appeal is perfected.....”
Appellant in his brief,…
2Cases cited2 opinions
- Stout v. CunninghamIdaho Supreme Court · 1917
- Hansen v. Boise Payette Lumber Co.Idaho Supreme Court · 1918
3Cited by10 opinions
- Moody v. CraneIdaho Supreme Court · 1921
- Blumauer-Frank Drug Co. v. First National BankIdaho Supreme Court · 1922
- Utana Mining Corp. v. Salmon River Power & Light Co.Idaho Supreme Court · 1923
- Lion Coal Co. v. ContasWyoming Supreme Court · 1930
- Woodmansee & Webster Co. v. WoodmanseeIdaho Supreme Court · 1918
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