Simpson v. Pioneer Irrigation District
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for the County of Ada. Hon. Fremont Wood, Judge. Motion to deny application for the settlement of a proposed statement on motion for a new trial. Motion granted. The court did not lose jurisdiction absolutely so that counsel for the respective parties could not, by agreement, continue said matter.
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APPEAL from the District Court of the Third Judicial District, for the County of Ada. Hon. Fremont Wood, Judge. Motion to deny application for the settlement of a proposed statement on motion for a new trial. Motion granted. The court did not lose jurisdiction absolutely so that counsel for the respective parties could not, by agreement, continue said matter. Unless counsel for respondent took timely objection, and refused to proceed further with the matter, they waived their objection thereto. {Stufflebeam v. Montgomery, 3 Ida. 20, 26 Pac. 125; Nez Perce County v. Latah County, 3 Ida. 414,…
1Opinion of the CourtSullivan, C. J.
— This is an appeal from an order of the judge at chambers, refusing to settle a statement on motion for a new trial, and the refusal of the judge to pass upon the motion for a new trial.
Judgment was entered on June 7, 1906. Notice of motion for a new trial was given and the order was obtained from the court or judge extending the time for filing the proposed statement on motion for a new trial. A transcript of the evidence was ordered immediately after the entry of the judgment, and the court stenographer, because of the pressure of the court work, was unable to get out said transcript and…
Also in this document: Concurrence.
2Cases cited5 opinions
- Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1908
- Sandstrom v. SmithIdaho Supreme Court · 1906
- Swartz v. DavisIdaho Supreme Court · 1903
- Hoehnan v. New York Drygoods Co.Idaho Supreme Court · 1901
- Lydon v. PiperIdaho Supreme Court · 1897
3Cited by3 opinions
- State v. VallieMontana Supreme Court · 1928
- Robinson v. St. Maries Lumber Co.Idaho Supreme Court · 1920
- Darling v. FremstadtIdaho Supreme Court · 1912