Legal Opinion

Richardson v. Bohney

Idaho Supreme Court

Decided June 17, 1910PublishedCited by 13 opinions

APPEAL from tbe District Court of the Sixth. Judicial District, for Fremont County. Hon. J. M. Stevens, Judge. Application to have a bill of exceptions settled. Denied. A bill of exceptions is a proceeding within the meaning of see. 4229, Rev. Codes, which is identical with sec. 473, Code of Civil Procedure of Cal. (Lukes v. Logan, 66 Cal. 33, 4 Pae. 883; Irwin v. Bank, 6 Ohio St. 86; Wilson v. Allen, 3 How.

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APPEAL from tbe District Court of the Sixth. Judicial District, for Fremont County. Hon. J. M. Stevens, Judge. Application to have a bill of exceptions settled. Denied. A bill of exceptions is a proceeding within the meaning of see. 4229, Rev. Codes, which is identical with sec. 473, Code of Civil Procedure of Cal. (Lukes v. Logan, 66 Cal. 33, 4 Pae. 883; Irwin v. Bank, 6 Ohio St. 86; Wilson v. Allen, 3 How. Pr. 371; Rich v. Husson, 1 Duer, 620; Wilson v. M.ack-lin, 7 Neb. 52; Strong v. Hardenburgh, 25 How. Pr. 438; Pollitz v. Wicker sham., 150 Cal. 238, 88 Pac. 911; Stonesifer v. Eilburn, 94…

1Opinion of the CourtSullivan, C. J.

This is an appeal from an order made by the trial judge denying defendants’ motion to settle, allow and certify the defendants’ proposed bill of exceptions with amendments thereto. Said motion was made on the ground that the failure to serve said bill of exceptions within due-time was on account of mistake, surprise, inadvertence and. *330■excusable neglect of one of the attorneys for defendants. It appears from the record that judgment was entered against the defendants on the 14th day of July, 1909, and that a •stipulation was entered into by respective counsel to the ■effect that either party…

2Cases cited3 opinions

  1. Pollitz v. WickershamCalifornia Supreme Court · 1907
  2. Lukes v. LoganCalifornia Supreme Court · 1884
  3. Sandstrom v. SmithIdaho Supreme Court · 1906

3Cited by13 opinions

  1. Coeur D'Alene Turf Club, Inc. v. CogswellIdaho Supreme Court · 1969
  2. Lowery v. Board of County Commissioners for Ada CountyIdaho Court of Appeals · 1988
  3. Joy v. WinsteadIdaho Supreme Court · 1950
  4. Syth v. ParkeIdaho Supreme Court · 1991
  5. Sharp v. BrownIdaho Supreme Court · 1923

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