Yeomans v. Lamberton
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Motion to dismiss on the ground that appeal was prematurely taken. A judgment is appealable as soon as rendered by the court in such form as to be enforceable, and it does not cease to be appealable until ninety days after it has been entered upon the judgment-book.
Read the full summary
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Motion to dismiss on the ground that appeal was prematurely taken. A judgment is appealable as soon as rendered by the court in such form as to be enforceable, and it does not cease to be appealable until ninety days after it has been entered upon the judgment-book. (Bell v. Staacke, 137 Cal. 307, 70 Pac. 171 (dissenting opinion, Beatty, C. J.); Bavenscraft v. Board of Commrs., 5 Ida. 178, 47 Pac. 942; In re More’s Estate (dissenting opinion, Beatty, C. J.), 143 Cal. 493, 77 Pae.…
1Opinion of the CourtRice, J.
In this case the decision of the trial court, together with the judgment, were signed and filed with the clerk on February 29, 1916. The notice of appeal was served and filed March 7, 1916, and the undertaking on appeal was filed on March 11, 1916. The judgment was entered on March 14, 1916. Respondent moves to dismiss the appeal for the reason that the appeal was perfected prior to the time of entry of the judgment and therefore was prematurely taken.
The statute under which this appeal was taken is sec. 4807, Rev. Codes, as amended by chapter 80, Sess. Laws 1915, p. 193, the material part of…
2Cases cited9 opinions
- Robinson v. Salt Lake CityUtah Supreme Court · 1910
- Wood, Curtis Co. v. Missouri Etc. Ry. Co.California Supreme Court · 1907
- Martin v. SmithSouth Dakota Supreme Court · 1899
- In re the of Estate of ChristensenWashington Supreme Court · 1914
- Estate of DunphyCalifornia Supreme Court · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Miller v. Gooding Highway DistrictIdaho Supreme Court · 1934
- Athey v. Oregon Short Line RailroadIdaho Supreme Court · 1917
- Stout v. CunningamIdaho Supreme Court · 1920