Dye v. Moscow State Bank
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. Motion to dismiss appeal. “The question of waiver is mainly a question of intention, which lies at the foundation of the doctrine. Waiver must be manifested in some unequivocal manner, and to operate as such it must in all cases be intentional.
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APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. Motion to dismiss appeal. “The question of waiver is mainly a question of intention, which lies at the foundation of the doctrine. Waiver must be manifested in some unequivocal manner, and to operate as such it must in all cases be intentional. There can be no waiver unless so intended by one party and so understood by the other, or one party has so acted as to mislead the other and is estopped thereby.” (40 Cyc. 261; Coeur d’Alene v. Spokane ete. B. B. Co., 31 Ida. 160, 169 Pae.…
1Opinion of the CourtDunn, J.
Respondent has moved to dismiss the appeal in this case on the following grounds:
1. Por the reason that the transcript on appeal in said cause was not served upon the respondents herein or filed in the supreme court within ninety days after the appeal was perfected, as provided by statute, and by Rule 26 of this court, nor was the time for the filing of said transcript extended by said court or a justice thereof upon good cause shown °by affidavit, or upon stipulation of the parties that good cause exists therefor, filed with the clerk or anyone else, as provided by Rule 28 of this court.
2.…
2Cases cited1 opinion
- Littler v. JefferisIdaho Supreme Court · 1922
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