Brown v. Hanley
Idaho Supreme Court
.APPEAL from District Court, Shoshone County. In the case of receivers the courts have uniformly held that, 'even where receivers have instituted suit without giving bond, a nunc pro iunc order may be entered; and the same rule has been applied in cases of injunctions and other provisional remedies. (O’Farrell v. Stockman, 19 Ohio St. 297; High on Receivers, sec. 112; Morgan v. Potter, 17 Hun, 403; Whiteside v. Prendergast, 2 Barb.
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.APPEAL from District Court, Shoshone County. In the case of receivers the courts have uniformly held that, 'even where receivers have instituted suit without giving bond, a nunc pro iunc order may be entered; and the same rule has been applied in cases of injunctions and other provisional remedies. (O’Farrell v. Stockman, 19 Ohio St. 297; High on Receivers, sec. 112; Morgan v. Potter, 17 Hun, 403; Whiteside v. Prendergast, 2 Barb. Ch. 471; Railroad Co. v. Patton, 5 W. Ya. 234; North Carolina Gold etc. Co. v. North Carolina Ore etc. ‘Co., 79 N. C. 48; 2 High on Receivers, sec. 1634.) So a…
1Opinion of the CourtSullivan, C. J.
Respondent moves this court to dismiss-this appeal, on the ground that no undertaking on appeal was-filed within five days after the service of the notice of appeal. The record shows that the notice of appeal was served on the-twenty-second day of July, 1891, and that the undertaking on appeal was filed on the first day of August, 1891. There is no dispute as to the facts. Appellants make a counter-motion for a nunc pro tunc order permitting an undertaking to be now filed, based upon an affidavit setting forth the cause of the delay in filing said undertaking within the time required by law.…
2Cases cited1 opinion
- Cook v. Oregon Short Line & Utah Northern Railway Co.Utah Supreme Court · 1891
3Cited by8 opinions
- Kimzey v. Highland Livestock & Land Co.Idaho Supreme Court · 1923
- Sandstrom v. SmithIdaho Supreme Court · 1906
- Cole v. FoxIdaho Supreme Court · 1907
- Young v. TinerIdaho Supreme Court · 1894
- Myers v. HarveyIdaho Supreme Court · 1924
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