Stringer v. Redfield
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Cassia County. Hon. Wm. A. Babcock, Judge. Action on contract. Judgment for plaintiff. The record on appeal does not contain a reporter’s transcript or bill of exceptions; there is no evidence in the record. The court can therefore not consider or pass upon the ruling of the trial court in giving or refusing to give instructions to the jury. (Crowley v. Croesus Gold etc. Min.
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APPEAL from the District Court of the Fourth Judicial District, for Cassia County. Hon. Wm. A. Babcock, Judge. Action on contract. Judgment for plaintiff. The record on appeal does not contain a reporter’s transcript or bill of exceptions; there is no evidence in the record. The court can therefore not consider or pass upon the ruling of the trial court in giving or refusing to give instructions to the jury. (Crowley v. Croesus Gold etc. Min. Co., 12 Ida. 530, 86 Pae. 536; Minneapolis Threshing Machine Co. v. Peterson, 31 Ida. 745, 176 Pac. 99; City of Ensley v. J. E. Hollingsworth & Co., 170…
1Opinion of the CourtRice, C. J.
This is an appeal from a final judgment. The record contains no bill of exceptions or reporter’s transcript of the evidence. Appellants’ specifications of error relate solely to the giving of certain instructions by the court and to the refusal to give certain instructions requested by appellants.
In the case of Minneapolis Threshing Machine Co. v. Peterson, 31 Ida. 745, 176 Pac. 99, it is said: “Unless the alleged errors of the court in giving and refusing instructions to the jury are presented by the reporter’s transcript, they can only be reviewed when saved by a bill of exceptions.”
After…
2Cases cited2 opinions
- Steinour v. Oakley State BankIdaho Supreme Court · 1918
- Minneapolis Threshing Machine Co. v. PetersonIdaho Supreme Court · 1918
3Cited by6 opinions
- Sweaney & Smith Co. v. St. Paul Fire & Marine InsuranceIdaho Supreme Court · 1922
- Marnella v. FromanIdaho Supreme Court · 1922
- Erickson v. Edward Rutledge Timber Co.Idaho Supreme Court · 1921
- Witthoft v. GatheIdaho Supreme Court · 1923
- T. W. & L. O. Naylor Co. v. BowmanIdaho Supreme Court · 1923
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