Bumpas v. Moore
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action for damages for personal injuries. Judgment for plaintiff, from which, and from an order denying a motion for a new trial, this appeal is taken.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action for damages for personal injuries. Judgment for plaintiff, from which, and from an order denying a motion for a new trial, this appeal is taken. Counsel for the plaintiff should not have been permitted, over the objection of counsel for the defendants, to ask the defendants’ witnesses impeaching questions on cross-examination when it appeared that such impeaching questions referred-to testimony given at a former trial of the cause, which testimony was in writing. (Sec. 6083,…
1Opinion of the CourtMorgan, J.
This record on appeal purports to contain a transcript of the evidence taken at the trial, which does not appear to have been settled or certified by the trial judge, as required by sec. 4443, Rev. Codes, as amended by sec. 4, chap. 118, Sess. Laws 1911, p. 378, and sec. 4434, Rev. Codes, *670as amended by chap. 119, Sess. Laws 1911, p. 379, therefore, the order overruling the motion for a new trial, which was based, in part, upon the minutes of the court, cannot be reviewed. This leaves nothing , for us to consider, except the judgment-roll on appeal from the judgment. (Ray v. Ray, 1 Ida. 705;…
2Cases cited11 opinions
- Grisinger v. HubbardIdaho Supreme Court · 1912
- Strand v. Crooked River Mining & Milling Co.Idaho Supreme Court · 1913
- Glenn v. Aultman & Taylor Machinery Co.Idaho Supreme Court · 1917
- Williams v. Boise Basin Mining & Development Co.Idaho Supreme Court · 1905
- Dudacek v. VaughtIdaho Supreme Court · 1916
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3Cited by10 opinions
- Fawcett v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1920
- Hartley v. BohrerIdaho Supreme Court · 1932
- Bell v. StadlerIdaho Supreme Court · 1918
- Smith v. BensonIdaho Supreme Court · 1918
- Pedersen v. MooreIdaho Supreme Court · 1919
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