McCornick v. Shaughnessy
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for the County of Blaine. Hon. Edward A. Walters, Judge. Action by the plaintiff for debt. Judgment for plaintiff and defendants appeal. From the record in this case it appears manifest that the appeal is not well taken. No authority appears for appeal of M. Shaughnessy, and, of course, no authority to accept notice of appeal.
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APPEAL from the District Court of the Fourth Judicial District, for the County of Blaine. Hon. Edward A. Walters, Judge. Action by the plaintiff for debt. Judgment for plaintiff and defendants appeal. From the record in this case it appears manifest that the appeal is not well taken. No authority appears for appeal of M. Shaughnessy, and, of course, no authority to accept notice of appeal. It is necessary that the notice of appeal be served not only upon the respondent, but upon every adverse party. This is jurisdictional. The judgment was against -M. Shaughnessy upon the note, but he was…
1Opinion of the CourtAilshie, Presiding J.
This action was instituted against “M. Shaughnessy, personally, and as executor and trustee tinder the will of Eudora Shaughnessy, deceased, Phillip S. Shaughnessy, Walter D. Shaughnessy and Eudora B. Shaughnessy Yan Horn,” as defendants. Judgment was rendered in favor of the plaintiff and thereafter the attorneys who had represented the defendants in the trial of the case signed, served and filed a notice of appeal in which they say that, “the defendant, M. Shaughnessy, as executor and trustee under the will of Eudora Shaughnessy, Walter D. Shaughnessy, and Eudora B. Shaughnessy Yan Horn,…
2Cases cited4 opinions
- Judson v. LoveCalifornia Supreme Court · 1868
- Coffin v. EdgingtonIdaho Supreme Court · 1890
- Pedlar v. StroudCalifornia Supreme Court · 1897
- Sheldon v. DaltonCalifornia Supreme Court · 1880
3Cited by6 opinions
- Switkes v. John McShain, Inc.Court of Appeals of Maryland · 1953
- Carter v. BurnsSupreme Court of Missouri · 1933
- State v. KorsenIdaho Supreme Court · 2005
- State Ex Rel. White v. TerteMissouri Court of Appeals · 1956
- Bergum v. PalmborgSupreme Court of Minnesota · 1953
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