Penny v. Nez Perces County
Idaho Supreme Court
APPEAL from District Court, Latah County. As to the motion to dismiss because the record does not show entry of judgments. In the case of Durant v. Comegys, 3 Idaho, 67, 35 Am. St. Rep. 267, 26 Pac. 755, Mr. Justice Morgan simply decided that the alleged judgment appealed from was simply “an order for judgment only.”
Read the full summary
APPEAL from District Court, Latah County. As to the motion to dismiss because the record does not show entry of judgments. In the case of Durant v. Comegys, 3 Idaho, 67, 35 Am. St. Rep. 267, 26 Pac. 755, Mr. Justice Morgan simply decided that the alleged judgment appealed from was simply “an order for judgment only.” In the cases at bar, the judgments were actually drawn up in the form in which it was designed to be entered, signed by the judge and filed by the clerk, and nothing remained to be done except the mere ministerial duty, to be performed by the clerk, of copying it into the…
1Opinion of the CourtHuston, J.
The transcript of this case comes to us in such questionable shape that it is extremely difficult for us to learn therefrom just what the real status of the case in this court is. Counsel seem to have an idea that the appellate jurisdiction of the court is controlled, or, at least, directed, by stipulations of counsel. The statutes prescribe the means by which the appellate powers of this court can be invoked, and in no other way can such power or jurisdiction be made available. The case, as appears from the record, was heard by the judge of the district *644court, without a jury, upon an agreed…
2Cited by4 opinions
- Wedd v. GatesSupreme Court of Oklahoma · 1905
- Athey v. Oregon Short Line RailroadIdaho Supreme Court · 1917
- Pioneer Canal Co. v. AkinWyoming Supreme Court · 1920
- Taylor v. StateIdaho Court of Appeals · 2018