Doran v. Bird
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Gem County. Hon. Ed L. Bryan, Judge. Judgment dismissing appeal from the probate to the district court. So long as the undertaking was not entirely void and was sufficient to perfect a naked appeal, leave should be granted to file an amended undertaking in the appellate court. (Cohen v. Connick, 26 Cal.
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APPEAL from the District Court of the Seventh Judicial District, for Gem County. Hon. Ed L. Bryan, Judge. Judgment dismissing appeal from the probate to the district court. So long as the undertaking was not entirely void and was sufficient to perfect a naked appeal, leave should be granted to file an amended undertaking in the appellate court. (Cohen v. Connick, 26 Cal. App. 491, 147 Pae. 479; Billings v. Roadhouse, 5 Cal. 71; Gray v. Superior Court, 61 Cal. 337; In re Paige, 12 Ida. 410, 86 Pae. 372.) If the undertaking shows the intention to give an undertaking for appeal and the language…
1Opinion of the Court
RICE, C. J. —
Appellant appealed to the district court from a judgment entered in the probate court of Gem county, and filed the following undertaking on appeal:
“Whereas, A. Bird, the above-named defendant in the above-entitled cause, is about to appeal to the District Court of the Seventh Judicial District of the State of Idaho, in and for the County of Gem, from the judgment rendered in favor of plaintiff in the above-entitled court on the 1st day of March, 1919, in the sum of Two Hundred Fifty-four and no/100 ($254.00) dollars, and costs in the sum of Forty-four and 95/100 ($44.95) dollars…
2Cases cited6 opinions
- Starkweather v. BellSouth Dakota Supreme Court · 1899
- Cohen v. ConnickCalifornia Court of Appeal · 1915
- Jarman v. ReaCalifornia Supreme Court · 1900
- In re the Estate of PaigeIdaho Supreme Court · 1906
- Watt v. DeckerIdaho Supreme Court · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Meservy v. Idaho Irrigation Co.Idaho Supreme Court · 1922