Meservy v. Idaho Irrigation Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Blaine County. Hon. H. F. Ensign, Judge. Motion to dismiss appeal. The undertaking on appeal and supersedeas may be included in one instrument. (Sec. 7160, C. S.; 2 Haynes, New Trial and Appeal (Rev. ed.), p. 1172; Zoller v. McDonald, 23 Cal. 136.) The omission from the undertaking of the words “or the dismissal thereof” is a defect and does not render the undertaking void.
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APPEAL from the District Court of the Fourth Judicial District, for Blaine County. Hon. H. F. Ensign, Judge. Motion to dismiss appeal. The undertaking on appeal and supersedeas may be included in one instrument. (Sec. 7160, C. S.; 2 Haynes, New Trial and Appeal (Rev. ed.), p. 1172; Zoller v. McDonald, 23 Cal. 136.) The omission from the undertaking of the words “or the dismissal thereof” is a defect and does not render the undertaking void. (2 Haynes, New Trial and Appeal (Rev. ed.), p. 1174, and authorities cited; Jarman v. Rea, 129 Cal. 157, 61 Pac. 790.) Any defect or insufficiency in an…
1Opinion of the CourtMccarthy, J.
Respondent has moved to dismiss appellant’s appeal on the ground that no undertaking on appeal has been filed, or sum deposited, in accordance with C: S., see. 7154, and an undertaking has not been waived. Respondent recovered judgment for $1,547.96 with $106 costs, or a total of $1,653.96. The undertaking reads as follows:
“Title of Court and Cause.
“UNDERTAKING ON APPEAL.
“Whereas, The defendant in the above-entitled action has appealed or is about to appeal to the Supreme Court of the State of Idaho, from the judgment made and entered against it in the above-entitled action in the District…
2Cases cited4 opinions
- Clear Lake Power & Improvement Co. v. ChriswellIdaho Supreme Court · 1918
- Martin v. WilsonIdaho Supreme Court · 1913
- Weiser River Fruit Ass'n v. FelthamIdaho Supreme Court · 1918
- Doran v. BirdIdaho Supreme Court · 1921
3Cited by4 opinions
- Van Sicklin v. Mayfield Land & Livestock Co.Idaho Supreme Court · 1925
- T. W. & L. O. Naylor Co. v. BowmanIdaho Supreme Court · 1922
- Wall v. WoodsIdaho Supreme Court · 1925
- Rowe v. HewlettIdaho Supreme Court · 1928