Hallidie Machinery Co. v. Hayden Coeur d'Alene Irrigation Co.

Motion to dismiss the appeal, for affirmance of the judgment, and for damages upon the ground that the appeal has not been diligently prosecuted and was taken merely for delay.

The appellants confess the motion to dismiss and affirm, but resist the motion for damages. The only record before us is the motion and an affidavit showing the.appeal was perfected June 12, 1909, and that no subsequent steps have been taken by appellants. The affidavit, also sets forth that respondent has obligated itself to pay an attorney fee of $100 on this appeal; that $40 must necessarily be expended in attendance…