Hansen v. Boise Payette Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action for damages. Judgment for plaintiff.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action for damages. Judgment for plaintiff. No jurisdiction was conferred upon this court by the filing of notice of appeal and undertaking on Feb. 28, 1918, 1 year, 4 months and 17 days after the appellant filed his praecipe with the clerk of the trial court for a transcript of the clerk’s record of the judgment-roll, and 10 months, 7 days after the appellant filed his second notice of appeal and undertaking on appeal. No extensions were ever given by this court in which to file the…
1Opinion of the CourtMorgan, J.
Respondent has moved to dismiss this appeal for the reason that the record, consisting of the clerk’s transcript, was not served and filed within the time limited by statute and the rules of this court.
Appellant filed notice of appeal which was dismissed on the ground that it was prematurely taken. Subsequently, on April 23, 1917, the present appeal was perfected, at which time the completed transcript prepared for use in the former appeal was held by appellant’s attorney. On February 28, 1918, the clerk’s transcript was served on respondent’s attorney and filed in this court as the record on…
2Cases cited7 opinions
- Bohannon Dredging Co. v. EnglandIdaho Supreme Court · 1917
- Stout v. CunninghamIdaho Supreme Court · 1917
- Boise-Payette Lumber Co. v. McCarthyIdaho Supreme Court · 1918
- State v. JewettIdaho Supreme Court · 1915
- Wolter v. ChurchIdaho Supreme Court · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Moody v. CraneIdaho Supreme Court · 1921
- Iowa State Savings Bank v. TwomeyIdaho Supreme Court · 1918
- Columbia Trust Co. v. BaldingIdaho Supreme Court · 1921
- Peterson v. PhelpsIdaho Supreme Court · 1918
- Welch v. Spokane International Railway Co.Idaho Supreme Court · 1920