General Motors Acceptance Corp. v. Talbott
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, for Bannock County. lion. O. R. Baum, Judge. Motion to dismiss appeal. An agreement to waive all rights of appeal is held to prevent the appellate court from hearing such cause. (2 Page on the Law of Contracts, sec. 720, p. 1239; 3 C. J. 660, Appeal and.
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APPEAL from the District Court of the Fifth Judicial District, for Bannock County. lion. O. R. Baum, Judge. Motion to dismiss appeal. An agreement to waive all rights of appeal is held to prevent the appellate court from hearing such cause. (2 Page on the Law of Contracts, sec. 720, p. 1239; 3 C. J. 660, Appeal and. Error, see. 533; Curry v. Bacilar ach Quality Shops, 271 Pa. 236, 114 Atl. 818, 117 Atl. 435; Boyd v. Crary, 35 Ind. 363; Miller v. Machlet, 13 Ind. 217; 20 Ency. PI. & Pr. 636, 637; 2 Ency. PI. & Pr. 173; Boyles v. Chy-traus, 175 Ill. 370, 51 N. E. 563.) The provision in the…
1Opinion of the CourtBudge, C. J.
— This is an action upon a promissory note given in pursuance of a conditional sale contract by the ap*14pellant, against whom judgment was rendered in the court below. Respondent moves to dismiss the appeal upon the ground that the maker of the note has in writing waived all right of appeal and released all errors.
The clause referred to appears in the note as follows: “and I hereby agree to waive all benefits of valuation, ap-praisement and exemption laws, and all rights of appeal, and to release all errors.”
C. S., sec. 5670 is as follows:
“E'very stipulation or condition in a contract, by which…
2Cases cited3 opinions
- Gaffney v. Royal Neighbors of AmericaIdaho Supreme Court · 1918
- Douville v. Pacific Coast Casualty Co.Idaho Supreme Court · 1914
- Huber v. St. Joseph's HospitalIdaho Supreme Court · 1905
3Cited by5 opinions
- Charles O. Finley & Co., Inc. v. Bowie K. KuhnCourt of Appeals for the Seventh Circuit · 1978
- Brucker v. Georgia Casualty Co.Supreme Court of Missouri · 1930
- McCarty v. HerrickIdaho Supreme Court · 1925
- Oneida v. OneidaIdaho Supreme Court · 1972
- Charles O. Finley & Co., Inc. v. Bowie K. KuhnCourt of Appeals for the Seventh Circuit · 1978