Smith v. American Falls Canal & Power Co.
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. An action to recover debt and foreclose a mechanic’s lien for labor, alleged to have been performed upon a canal system. Motion to dismiss the appeal from the order overruling the motion for a new trial. As this appeal was not taken within a year after the entry of judgment or decree, the motion to dismiss appeal should be sustained.
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APPEAL from the District Court of the Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. An action to recover debt and foreclose a mechanic’s lien for labor, alleged to have been performed upon a canal system. Motion to dismiss the appeal from the order overruling the motion for a new trial. As this appeal was not taken within a year after the entry of judgment or decree, the motion to dismiss appeal should be sustained. (McCrea v. McGrew, 9 Ida. 382, 75 Pac. 67; Marchand v. Bonaghan, 9 Ida. 95, 72 Pac. 731; Bobson v. Colson, 9 Ida. 215, 72 Pae. 951, and cases cited.)
1Opinion of the CourtStewart, J.
On July 11, 1906, the plaintiff recovered a judgment against the defendant in the district court for Bingham county. A statement on motion for a new trial was afterward prepared and settled by the trial judge and filed in said court on November 6, 1907. An order was made and filed by the trial judge on November 9, 1907, overruling the defendant’s motion for a new trial. A notice of appeal from the judgment, and from the order overruling the motion for a new trial, was served and filed in said court on November 21, 1907. The transcript on appeal was filed in this court on *91January 15, 1908.…
2Cases cited5 opinions
- Marchand v. RonaghanIdaho Supreme Court · 1903
- McCrea v. McCrewIdaho Supreme Court · 1903
- Lee Doon v. TeshCalifornia Supreme Court · 1901
- Dernham v. LieuallenIdaho Supreme Court · 1895
- Descalso v. DuaneCalifornia Supreme Court · 1893
3Cited by6 opinions
- Farmers' Co-Operative Ditch Co. v. Riverside Irrigation District, Ltd.Idaho Supreme Court · 1909
- Leggett v. EvansIdaho Supreme Court · 1909
- Behrensmeyer v. GwinnIdaho Supreme Court · 1913
- Wood v. TannerIdaho Supreme Court · 1909
- Behrensmeyer v. GwinnIdaho Supreme Court · 1913
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