Stout v. Cunningham
Idaho Supreme Court
APPEAL from tbe District Court of tbe Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Motion to dismiss the appeal for failure to file the transcript of record on appeal within the time prescribed by rules 26 and 28 of the rules of this court. The appellate court may have jurisdiction over an appeal, yet if the record is not presented to the court, as required by law, it has no jurisdiction to entertain and determine the appeal.
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APPEAL from tbe District Court of tbe Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Motion to dismiss the appeal for failure to file the transcript of record on appeal within the time prescribed by rules 26 and 28 of the rules of this court. The appellate court may have jurisdiction over an appeal, yet if the record is not presented to the court, as required by law, it has no jurisdiction to entertain and determine the appeal. (Glavin v. Lane, 29 Mont. 228, 74 Pae. 406.) An appeal is perfected as soon as the notice of appeal is served and filed, and an undertaking…
1Opinion of the CourtBudge, C. J.
The respondent moves the dismissal of the appeal in this case upon the ground that the transcript of the record on appeal was not served upon appellant or his attorney and filed in this court within sixty days after the appeal was perfected, as required by rule 26 of the rules of this court, and'subd. 3, chap. 117, Sess. Laws 1911, p. 376; and that the time for filing said transcript of record on appeal was not extended as provided for by rule 28 of the rules of this court.
The facts of this case, so far as the motion to dismiss the appeal is concerned, are as follows: The complaint was filed…
2Cases cited15 opinions
- Estate of DavisCalifornia Supreme Court · 1907
- Fischer v. DavisIdaho Supreme Court · 1913
- Coon v. SommercampIdaho Supreme Court · 1915
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3Cited by18 opinions
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