Santti v. Hartman
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. William W. Woods, Judge. Appeal from justice’s court to district court. In that court respondent’s motion to dismiss appeal was granted, and appellant’s motion to require justice to file transcript on appeal Was denied. Appeal from order for judgment. The rule of the court is not jurisdictional, and should be applied with discretion.
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APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. William W. Woods, Judge. Appeal from justice’s court to district court. In that court respondent’s motion to dismiss appeal was granted, and appellant’s motion to require justice to file transcript on appeal Was denied. Appeal from order for judgment. The rule of the court is not jurisdictional, and should be applied with discretion. (Perkins v. Bridge, 10 Ida. 193, 77 Pac. 329; Stevenson v. Cadwell, 14 Mont. 311, 36 Pac. 185.) The order appealed from is not a final judgment nor a special order made after…
1Opinion of the CourtBudge, J.
A judgment by default was obtained by respondent against appellant in the justice’s court of Wallace precinct, Shoshone county, Idaho, on October 8, 1915. On November 8, 1915, appellant perfected his appeal from the judgment entered in the justice’s court and paid to the justice the sum of two dollars for his costs for making the transcript on appeal. The justice of the peace at the time of the payment of the above sum informed counsel for appellant that he would not make his transcript and certify the same to the district court until all fees that had theretofore been incurred in his court…
2Cases cited13 opinions
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- Grey v. CederholmIdaho Supreme Court · 1884
- Durant v. ComegysIdaho Supreme Court · 1891
- Schroder v. SchmidtCalifornia Supreme Court · 1886
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3Cited by6 opinions
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- Yeomans v. LambertonIdaho Supreme Court · 1917
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