Legal Opinion

Swartz v. Davis

Idaho Supreme Court

Decided December 10, 1903PublishedCited by 9 opinions

APPEAL from District Court of Idaho County. Honorable Edgar C. Steele, Judge. Action to recover for damages alleged to have been caused by defendant’s sheep.

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APPEAL from District Court of Idaho County. Honorable Edgar C. Steele, Judge. Action to recover for damages alleged to have been caused by defendant’s sheep. Judgment for plaintiff.- ■ In this cause attorneys for respondent participated in making up the. bill of exceptions and statement of the case and bill of-exceptions as presented by attorneys for appellant; thereafter attorney for respondent waived any irregularities that may have subsequently occurred, although attorneys for appellant claim-no irregularities had occurred in the presentation of the bill o£; exceptions, and statement of…

1Opinion of the Court

SULLIVAN", C. J.

A motion was made to strike appellant’s bill of exceptions from the transcript on the ground that said *239bill was neither served nor settled within the time allowed by the stipulation of respective counsel or the time allowed by the court or judge.

It appears from the transcript that this case came on for trial on the twentieth day of September, 1902, and a stipulation was entered into by respective counsel that each might have sixty days after the filing of the judgment within which to prepare and serve his bill of exceptions or statement of the case.

The judgment was filed…

Also in this document: Concurrence.

2Cited by9 opinions

  1. Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1908
  2. Coffee v. HarrisWyoming Supreme Court · 1921
  3. Robinson v. St. Maries Lumber Co.Idaho Supreme Court · 1920
  4. Sandstrom v. SmithIdaho Supreme Court · 1906
  5. Chapman v. A. H. Averill Machinery Co.Idaho Supreme Court · 1915

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