Wilson v. Peck
Idaho Supreme Court
APPEAL Noli the District Court of the Seventh Judicial District, for Canyon County. Hón. Ed. L. Bryan, Judge. Motion to dismiss on the ground that no undertaking on appeal had been filed. Motion sustained and appellant J. J. Wilson appeals.
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APPEAL Noli the District Court of the Seventh Judicial District, for Canyon County. Hón. Ed. L. Bryan, Judge. Motion to dismiss on the ground that no undertaking on appeal had been filed. Motion sustained and appellant J. J. Wilson appeals. An undertaking on appeal is not defective where it provides “that appellant will pay all damages and costs which may be awarded against him on the appeal, or a dismissal thereof, not exceeding $100.” (C. S., sec. 7183; Edminston v. Steele, 12 Ida. 613, 87 Pac. 677.) The undertaking upon appeal being merely conditioned “that the said appellant will pay all…
1Opinion of the CourtLee, J.
This action was commenced by appellant in the probate' court of Canyon county, in claim and delivery, to recover possession of a colt, described in the pleadings, to which appellant claimed ownership and the right to immediate possession. The statutory affidavit and undertaking in claim and delivery were made, and the sheriff took possession under appellant’s requisition, but before delivery to him respondent executed a redelivery bond • and retained possession of the animal in question. Upon the trial, the probate court gave judgment for the respondent, holding that title and right to…
2Cases cited1 opinion
- McConky v. Superior CourtCalifornia Supreme Court · 1880
3Cited by1 opinion
- Wall v. WoodsIdaho Supreme Court · 1925