Legal Opinion

Mahoney v. Board of County Commissioners

Idaho Supreme Court

Decided May 22, 1902PublishedCited by 3 opinions

APPEAL from District Court, Shoshone County. cite no authorities upon the points decided. Motion to dismiss. In an action brought under the provisions of sections 1776, 1777, 1778 and 1779 of the Revised Statutes, as amended by the act of February 14, 1899, the law does not permit a party against whom judgment is entered in the district court to move for a new trial; he must seek his remedy by appeal.

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APPEAL from District Court, Shoshone County. cite no authorities upon the points decided. Motion to dismiss. In an action brought under the provisions of sections 1776, 1777, 1778 and 1779 of the Revised Statutes, as amended by the act of February 14, 1899, the law does not permit a party against whom judgment is entered in the district court to move for a new trial; he must seek his remedy by appeal. The general rule is that where special jurisdiction is conferred upon a court or board to determine certain specified controversies, and no provision is made for the review by said tribunal of…

1Opinion of the CourtSullivan, J.

— This is an appeal from a judgment of the district court of Shoshone county affirming the action of the board of county commissioners of said county authorizing the sheriff to appoint eight additional deputies. On the entry of said judgment a motion for a new trial was made, and denied by the court. This appeal is from said judgment and order denying the motion for a new trial, and was perfected eighty-eight days after the entry of said judgment.

A motion was made in this court to dismiss said appeal from the order denying a new trial on the ground that in an action *377brought under the…

2Cited by3 opinions

  1. Buster v. FletcherIdaho Supreme Court · 1912
  2. Gardner v. Blaine CountyIdaho Supreme Court · 1909
  3. Walker v. Elmore CountyIdaho Supreme Court · 1909

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