Legal Opinion

Blumauer-Frank Drug Co. v. First National Bank

Idaho Supreme Court

Decided April 28, 1922PublishedCited by 12 opinions

APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. An action for value of goods sold and delivered. Appeal from judgment of dismissal.

1Opinion of the CourtMccarthy, J.

Respondent has moved to dismiss the appeal on the ground that the transcript was not filed in this court within the time limited by rule 26 (176 Pac. xix). The appeal was perfected on Nov. 20, 1920. It is from a judgment of dismissal, the court having sustained a demurrer and motion to strike, and appellant having refused to plead further. On Feb. 19, 1921, the time to file the transcript having expired, the clerk of the district court notified appellant’s attorney that he had been unable to *437complete it. Appellant procured from respondent’s attorney a stipulation that the clerk should have…

2Cases cited5 opinions

  1. Moody v. CraneIdaho Supreme Court · 1921
  2. Fischer v. DavisIdaho Supreme Court · 1913
  3. Iowa State Savings Bank v. TwomeyIdaho Supreme Court · 1918
  4. Woodmansee & Webster Co. v. WoodmanseeIdaho Supreme Court · 1918
  5. Peterson v. PhelpsIdaho Supreme Court · 1918

3Cited by12 opinions

  1. Walton v. ClarkIdaho Supreme Court · 1924
  2. California Gulch Placer Mining Co. v. PatrickIdaho Supreme Court · 1923
  3. Utana Mining Corp. v. Salmon River Power & Light Co.Idaho Supreme Court · 1923
  4. H. B. Lake & Co. v. BalesIdaho Supreme Court · 1922
  5. Gates v. Todd Commercial Co.Idaho Supreme Court · 1923

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