Sandstrom v. Smith
Idaho Supreme Court
APPEAL from the District Court in and for Bingham County. Honorable J. M. Stevens, Judge. From an order made by the district judge refusing to grant an extension of time in which to prepare, serve and file his bill of exceptions and statement, plaintiff appealed. The facts are stated in the opinion.
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APPEAL from the District Court in and for Bingham County. Honorable J. M. Stevens, Judge. From an order made by the district judge refusing to grant an extension of time in which to prepare, serve and file his bill of exceptions and statement, plaintiff appealed. The facts are stated in the opinion. That a party may have an extension of time to present and have allowed a bill of exceptions, after the statutory time has expired, by showing that he is not guilty of laches, and any neglect on his part is excusable, under the- authorities is clear. (Rev. Stats. 1887, sec. 4229; Hoehnan v. New…
1Opinion of the Court
AILSHIE, J.-
— -This is an appeal from an order made by the district judge refusing to grant appellant an extension of time in which to prepare and present his bill of exceptions and statement on motion for new trial and on appeal. Notice of rendition and entry of judgment in the case was served on the attorney for plaintiff and appellant on the nineteenth day of December, 1904. Thereafter, the plaintiff applied to the trial judge for an extension of time for the preparation and presentation of a bill of exceptions, and the judge thereupon made his order, which is as follows: “It is therefore…
2Cases cited3 opinions
- Swartz v. DavisIdaho Supreme Court · 1903
- Brown v. HanleyIdaho Supreme Court · 1891
- Hoehnan v. New York Drygoods Co.Idaho Supreme Court · 1901
3Cited by9 opinions
- Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1908
- Maynard v. NguyenIdaho Supreme Court · 2011
- Richardson v. BohneyIdaho Supreme Court · 1910
- Robinson v. St. Maries Lumber Co.Idaho Supreme Court · 1920
- Báez García v. TrifonaSupreme Court of Puerto Rico · 1940
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