Smith v. Benson
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. lion. James R. Both well, Presiding Judge. Action for damages. Judgment for plaintiff. “When public land is surveyed by the government and filed upon by a qualified entryman, it ceases to be public land.” . (Cheney v. Minidoka County, 26 Ida. 471, 144 Pac. 343, 347; Johnson v. Oregon Short Line R. R. Co., 7 Ida. 355, 63 Pac. 112, 53 L. R. A. 744; Brown v. Kennedy (Union Pae. Ry.
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APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. lion. James R. Both well, Presiding Judge. Action for damages. Judgment for plaintiff. “When public land is surveyed by the government and filed upon by a qualified entryman, it ceases to be public land.” . (Cheney v. Minidoka County, 26 Ida. 471, 144 Pac. 343, 347; Johnson v. Oregon Short Line R. R. Co., 7 Ida. 355, 63 Pac. 112, 53 L. R. A. 744; Brown v. Kennedy (Union Pae. Ry. Co. v. Kennedy), 12 Colo. 235, 20 Pac. 696.) “When the entry of land is made and the certificate given, the particular land is…
1Opinion of the CourtMorgan, J.
This appeal is from ah order denying a motion for a new trial. The transcript does not contain the certificate required by rule 24 of the rules of practice of this court, showing what papers were submitted to the trial judge and by him used on the hearing of the motion. That rule is as follows:
“The transcript or record on appeal shall show that there is attached to or made a part of all orders made by the judge disposing of a motion for a new trial, or any other contested motion, a certificate substantially as follows, signed by the judge, clerk or attorneys, to wit:
“It is hereby certified…
2Cases cited6 opinions
- Sweet v. BallentyneIdaho Supreme Court · 1902
- Glenn v. Aultman & Taylor Machinery Co.Idaho Supreme Court · 1917
- Dudacek v. VaughtIdaho Supreme Court · 1916
- Walsh v. NiessIdaho Supreme Court · 1917
- Bumpas v. MooreIdaho Supreme Court · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lessman v. AnschustiguiIdaho Supreme Court · 1923
- Tsuboi v. CohnIdaho Supreme Court · 1924
- Hardy v. ButlerIdaho Supreme Court · 1924
- Lyons v. LambrixIdaho Supreme Court · 1920
- Fleming v. BensonIdaho Supreme Court · 1918
5 more not listed; retrieve them via the Exa API.