Wilson v. Bartlett
Idaho Supreme Court
APPEAL from District Court, Fremont County. cite no authorities upon the point decided. The right to appeal is the creature of a statute. (Rupert v. Board, 2 Idaho, 20, 2 Pac. 21; Van Camp v. Board, 2 Idaho, 33, 2 Pac. 721; Custer Min.
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APPEAL from District Court, Fremont County. cite no authorities upon the point decided. The right to appeal is the creature of a statute. (Rupert v. Board, 2 Idaho, 20, 2 Pac. 21; Van Camp v. Board, 2 Idaho, 33, 2 Pac. 721; Custer Min. Co. v. Van Camp, 2 Idaho, 44, 3 Pac. 22.) For illustration of decisions of district courts held not to be appealable, see Jones v. Quayle, 3 Idaho, 640, 32 Pae. 1134; Wyatt v. Wyatt, 2 Idaho, 219, 10 Pac. 228; Sweeny v. Mayhem, 6 Idaho, 455, 56 Pac. 85. No undertaking has been given, executed or filed, and no deposit made and no waiver of undertaking entered…
1Opinion of the CourtQuarles, J.
This is an appeal from an order made by the district court of the fifth judicial district ordering an election to determine whether the county seat of Fremont county should be removed from St. Anthony to the town of Rexburg. The respondent moves to dismiss the appeal upon two grounds,, to wit: 1. Because an appeal will not lie from such order; 2. Because the undertaking upon appeal herein was executed and filed prior to the taldng of the appeal.
The first ground for dismissing the appeal is not well taken. By our statute of appeal (Rev. Stats, sec. 4807), which was in force at the time of the…
2Cited by3 opinions
- Isaak v. JourneyIdaho Supreme Court · 1932
- Mullins v. WebbOhio Court of Appeals · 1927
- Healy v. TaylorIdaho Supreme Court · 1923