Legal Opinion

Livingstone v. Aberdeen-Springfield Canal Co.

Idaho Supreme Court

Decided July 11, 1918Published

APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. F. J. Cowen, Judge. Action for damages. Judgment for plaintiff. Defendant appeals from an order denying a new trial. “Unless good cause is shown for the delay, an appeal from an order denying a new trial, taken more than a year after the entry of judgment, will be dismissed on motion.”

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APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. F. J. Cowen, Judge. Action for damages. Judgment for plaintiff. Defendant appeals from an order denying a new trial. “Unless good cause is shown for the delay, an appeal from an order denying a new trial, taken more than a year after the entry of judgment, will be dismissed on motion.” (Mc-Crea, v. McGrew, 9 Ida. 382, 75 Pac. 67; Smith v. Americam Falls Canal & Power Co., 15 Ida. 89, 95 Pac. 1059; Wood v. Tanner, 15 Ida. 689, 99 Pac. 123, 1053.)

1Opinion of the CourtMorgan, J.

Respondent has moved to dismiss this appeal for the reason that the order denying a new trial, from which the appeal is taken, was made after the expiration of one year from the date of judgment.

Trial was had before Hon. J. M. Stevens, then district judge, and judgment rendered for respondent on November 27, 1914. Notice of motion for a new trial was filed by appellant on December 5th, next, and on January 27, 1915, an order purporting to grant it was made by Judge Stevens, whose term of office had, prior thereto, expired. No further proceedings were had until November 24,1915, when appellant…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. McCrea v. McCrewIdaho Supreme Court · 1903
  2. Smith v. American Falls Canal & Power Co.Idaho Supreme Court · 1908
  3. Wood v. TannerIdaho Supreme Court · 1909

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