Fischer v. Davis
Idaho Supreme Court
APPEAL from the District Court of tbe Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Action for permanent injunction. Judgment for the defendant and plaintiff appealed. We have been unable to find any construction of the acts of 1911 relating to appeals by this court which throws' any considerable light on the questions raised on the respondents’ motions to dismiss.
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APPEAL from the District Court of tbe Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Action for permanent injunction. Judgment for the defendant and plaintiff appealed. We have been unable to find any construction of the acts of 1911 relating to appeals by this court which throws' any considerable light on the questions raised on the respondents’ motions to dismiss. However, similar circumstances to those in the case at bar have been construed by many of the courts, though none under identical statutes. (Smith v. Jaccard, 20 Cal. App. 280, 128 Pac. 1023; Continental…
1Opinion of the CourtAilsitie, C. J.
The respondent moved to dismiss the appeal in this case upon the following grounds: “ (1) Because the reporter’s transcript was not completed and lodged within the time prescribed by subd. 1 of sec. 4434, added to the Revised Codes by Laws of 1911, page 379, an express mandatory statute; (2) Because the trial court purported to grant an extension of time in contravention of Rule 77, and appellant wholly failed to complete his transcript within the time allowed by that rule; (3) Because the trial judge had no jurisdiction to settle the transcript under the facts of this case; and (4) Because…
2Cases cited13 opinions
- Fowler v. WoodSupreme Court of Kansas · 1906
- Smith v. JaccardCalifornia Court of Appeal · 1912
- Geurkink v. City of PetalumaCalifornia Supreme Court · 1896
- State v. EstesOregon Supreme Court · 1898
- Fischer v. DavisIdaho Supreme Court · 1911
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3Cited by17 opinions
- Peterson v. Idaho First National BankIdaho Supreme Court · 1961
- Boise Development Co. v. Boise CityIdaho Supreme Court · 1917
- Posey v. DoveNew Mexico Supreme Court · 1953
- Moody v. CraneIdaho Supreme Court · 1921
- Stout v. CunninghamIdaho Supreme Court · 1917
12 more not listed; retrieve them via the Exa API.