State v. Jewett
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, in and for the County of Bear Lake. Hon. Alfred Budge, Judge. ' Action to recover the penalty of bail bond.' Judgment for plaintiff.
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APPEAL from the District Court of the Fifth Judicial District, in and for the County of Bear Lake. Hon. Alfred Budge, Judge. ' Action to recover the penalty of bail bond.' Judgment for plaintiff. In view of the obvious lack of merit of appellants’ defense and their reliance entirely upon technical matters, we have felt justified in asking that the appeal be dismissed under rule 23, which provides that the transcript on appeal must be filed within sixty days after the perfection of the appeal, while in this case 131 days elapsed. . (First Nat. Bank v. Shaw, 24 Ida. 134, 132 Pac. 802.)
1Opinion of the CourtMorgan, J.
— This is an appeal from an order denying a motion for a new trial in a ease wherein judgment was ob*148tained against appellants and in favor of the state for the sum of $1860 claimed to be due by reason of the forfeiture of a bail bond.
The respondent moved to dismiss the appeal upon the ground that appellants have failed to comply with rule 28 of this court, in that they failed to serve upon the respondent, or file in this court, the transcript of the record within sixty days after the appeal was perfected.
Judgment was filed in this case in the district court on February 17, 1913. A motion to…
Also in this document: Concurrence.
2Cases cited1 opinion
- First National Bank v. ShawIdaho Supreme Court · 1913
3Cited by6 opinions
- Stout v. CunninghamIdaho Supreme Court · 1917
- Hinton v. LittleIdaho Supreme Court · 1931
- Hansen v. Boise Payette Lumber Co.Idaho Supreme Court · 1918
- Worthman v. ShaneIdaho Supreme Court · 1918
- Peterson v. PhelpsIdaho Supreme Court · 1918
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