Worthman v. Shane
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Gem County. Hon. Ed. L. Bryan, Judge. Action to remove public officer. Judgment for defendant. An action brought under see. 7459 is not a criminal action. (Ponting v. Isaman, 7 Ida. 283,' 286, 62 Pac. 680.) Rule 28 provides that the time during which the trial court, or judge thereof, may hold a bill of exceptions, etc., shall be excluded in computing time.
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APPEAL from the District Court of the Seventh Judicial District, for Gem County. Hon. Ed. L. Bryan, Judge. Action to remove public officer. Judgment for defendant. An action brought under see. 7459 is not a criminal action. (Ponting v. Isaman, 7 Ida. 283,' 286, 62 Pac. 680.) Rule 28 provides that the time during which the trial court, or judge thereof, may hold a bill of exceptions, etc., shall be excluded in computing time. (Fischer v. Davis, 24 Ida. 216, 222; 133 Pac. 910; Junction Placer Min. Co. v. Reed, 28 Ida. 219, 223, 153 Pac. 564; Coon v. Sommercamp, 26 Ida. 776, 146 Pac. 728.) A…
1Opinion of the CourtMorgan, J.
This action was brought pursuant to the provisions of sec. 7459, Rev. Codes, to oust respondent from his office as a member of the board of directors of an irrigation district. A motion to dismiss the appeal has been heard, the grounds of which are that no appeal is provided by law from the judgment rendered,-and that the transcript was not filed within the time limited by statute and the rules of this court.
It has been decided in this state that an appeal will lie from a final judgment of the district court on behalf of either party in a proceeding of this kind, as provided for by sec. 4807,…
2Cases cited5 opinions
- Bohannon Dredging Co. v. EnglandIdaho Supreme Court · 1917
- Stout v. CunninghamIdaho Supreme Court · 1917
- Ponting v. IsamanIdaho Supreme Court · 1900
- State v. JewettIdaho Supreme Court · 1915
- Wolter v. ChurchIdaho Supreme Court · 1917
3Cited by4 opinions
- Hansen v. Boise Payette Lumber Co.Idaho Supreme Court · 1918
- Peterson v. PhelpsIdaho Supreme Court · 1918
- Welch v. Spokane International Railway Co.Idaho Supreme Court · 1920
- Worthman v. BarnesIdaho Supreme Court · 1918