McCarty v. Warnkin
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, for Bear Lake County. Hon. Robert M. Terrell, Judge. Action on bond. Judgment for plaintiff. The transcript of the testimony was never settled by the court, and hence, of course, cannot be considered. (Washington etc.
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APPEAL from the District Court of the Fifth Judicial District, for Bear Lake County. Hon. Robert M. Terrell, Judge. Action on bond. Judgment for plaintiff. The transcript of the testimony was never settled by the court, and hence, of course, cannot be considered. (Washington etc. B. B. Co. v. Osborne, 2 Ida. 557, 21 Pac. 421; Minneapolis Threshing Machine Co. v. Peterson, 31 Ida. 745, 176 Pae. 99.) “In the absence of the evidence it is to be presumed that the verdict was supported and justified by the evidence.” (Needham v. Needham,, 34 Ida. 193, 200 Pae. 346, 348; Bergh v. Pennington, 33…
1Opinion of the CourtRice, C. J.
The appeal in this ease is from a judgment and from an order denying appellants’ motion for a new trial.
The record contains what purports to be a reporter’s transcript of the evidence and proceedings at the trial, which is not settled by the trial court. It cannot be considered on appeal. (Wells v. Culp, 30 Ida. 438, 166 Pac. 218; Minneapolis Threshing Machine Co. v. Peterson, 31 Ida. 745, 176 Pac. 99; Ellsworth v. Hill, 34 Ida. 359, 200 Pac. 1067.)
The transcript does not contain a certificate as to the papers used upon the hearing of the motion for a new trial. The action of the court in…
2Cases cited5 opinions
- Ellsworth v. HillIdaho Supreme Court · 1921
- Minneapolis Threshing Machine Co. v. PetersonIdaho Supreme Court · 1918
- Spencer v. JohnIdaho Supreme Court · 1921
- Wells v. CulpIdaho Supreme Court · 1917
- Biwer v. Van DornIdaho Supreme Court · 1919
3Cited by2 opinions
- Douglas v. KenneyIdaho Supreme Court · 1925
- Anderson v. Walker Co.Idaho Supreme Court · 1924