Dalton v. Abercrombie
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Eon. Charles P. McCarthy, Judge. Order of the district court dismissing appeal from the justice’s court.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Eon. Charles P. McCarthy, Judge. Order of the district court dismissing appeal from the justice’s court. The jury pass upon all the facts and law of the ease, and the justice cannot do or perform anything in the case but a ministerial duty, and his failure to spread the judgment rendered by the verdict of the jury in his docket cannot change the judgment rendered by the verdict of the jury, and which the law says is a final determination of the cause of action by the jury. (17 Am. & Eng. Ency. of Law, 768; 18 Am. &…
1Opinion of the CourtRice, C. J.
This is an appeal from an order of the district court dismissing the appeal of this cause from the justice’s court on the ground that it was taken prematurely. The cause was tried before a jury in the justice’s court on January 13, 1920. The verdict was filed, but not at that time entered upon the docket. Notice of appeal to the district court was filed and served January 20, 1920. The justice before whom the case was tried died January 30, 1920. On February 4, 1920, his successor in office entered the verdict and a formal judgment thereon, including costs, upon the docket.
C. S., sec. 7179,…
2Cases cited13 opinions
- Gray v. PalmerCalifornia Supreme Court · 1865
- Lynch v. KellyCalifornia Supreme Court · 1871
- Overall v. PeroMichigan Supreme Court · 1859
- Grey v. CederholmIdaho Supreme Court · 1884
- Durant v. ComegysIdaho Supreme Court · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. GisselIdaho Court of Appeals · 1983
- Pacific Finance Corp. v. LaMonteIdaho Supreme Court · 1943
- Haddock v. JacksonIdaho Supreme Court · 1932
- La Salle Extension University v. District Court of the First Judicial DistrictIdaho Supreme Court · 1932
- Smethers v. WilsonIdaho Court of Appeals · 1984
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