Wilson v. Doyle
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for the County of Kootenai. Hon. Ralph T. Morgan, Judge. Respondent obtained a judgment in a justice’s court and the defendant appealed to the district court. The appeal was dismissed by the district court and judgment of dismissal thereupon entered, from which judgment the defendant appealed to the supreme court.
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APPEAL from the District Court of the First Judicial District for the County of Kootenai. Hon. Ralph T. Morgan, Judge. Respondent obtained a judgment in a justice’s court and the defendant appealed to the district court. The appeal was dismissed by the district court and judgment of dismissal thereupon entered, from which judgment the defendant appealed to the supreme court. The correlative “or” in the statute, section 4844, which section is identical with the California code, section 978, has received the judicial construction of “and.” (McConkey v. Superior Court,. 56 Cal. 83; Numbers v.…
1Opinion of the CourtAilshie, J.
This case was instituted in the justice’s court of Harrison precinct, Kootenai county. Judgment was entered for the plaintiff, and the defendant appealed to the district court. On motion of the plaintiff the appeal was dismissed by the district court and judgment of dismissal was thereupon entered, from which the defendant has appealed to this court. It is contended by respondent here that the appeal was properly dismissed for the reason that the defendant and appellant failed to give an undertaking on appeal as provided by section 4842, Revised Statutes, and if that contention is correct,…
2Cases cited2 opinions
- McConky v. Superior CourtCalifornia Supreme Court · 1880
- Numbers v. Rocky Mountain Bell Telephone Co.Idaho Supreme Court · 1900
3Cited by6 opinions
- Weiser River Fruit Ass'n v. FelthamIdaho Supreme Court · 1918
- State ex rel. Jones v. BrownNevada Supreme Court · 1908
- Cheesman v. HanbyCalifornia Supreme Court · 1922
- Edminston v. SteeleIdaho Supreme Court · 1906
- Libby v. Spokane Valley Land & Water Co.Idaho Supreme Court · 1908
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