Nelson Bennett Co. v. Twin Falls Land & Water Co.
Idaho Supreme Court
APPEAL from the District Court of Fourth Judicial District for Cassia County. Hon. Lyttleton Price, Judge. Action to foreclose laborer’s lien. Judgment for plaintiff. Defendant appealed. Motion to dismiss appeal. It nowhere appears that Ryberg & Carleson ever filed any pleadings or took part in the case in any manner.
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APPEAL from the District Court of Fourth Judicial District for Cassia County. Hon. Lyttleton Price, Judge. Action to foreclose laborer’s lien. Judgment for plaintiff. Defendant appealed. Motion to dismiss appeal. It nowhere appears that Ryberg & Carleson ever filed any pleadings or took part in the case in any manner. Appellant never at any time was served with pleadings on the part of Ryberg & Carleson, nor was it required to serve any pleadings upon them.' So far as it appears from this record, they were mentioned in the complaint as being parties who had some possible claim against Nelson…
1Opinion of the CourtStewart, J.
The respondent moves to dismiss the appeal herein npon the ground that notice of appeal was not served upon Ryberg & Carleson, defendants named in the complaint. Revised Statutes, section 4808, requires that a notice of appeal shall be served upon the “adverse party” or his attorney. If Ryberg & Carleson were adverse parties within the meaning of this statute, then the appeal should be dismissed, as it is admitted a notice of appeal was not served upon them.
“Adverse parties upon whom notice of appeal must be served are such parties as a reversal of judgment would affect.” (Aulbach v. Dahler,…
Also in this document: Concurrence.
2Cases cited6 opinions
- Elliott v. Superior CourtCalifornia Supreme Court · 1904
- Smith v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1893
- Titiman v. Alamance Mining Co.Idaho Supreme Court · 1903
- Aulbach v. DahlerIdaho Supreme Court · 1895
- United States v. CrooksCalifornia Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Roosma v. MootsIdaho Supreme Court · 1941
- Holt v. EmpeyIdaho Supreme Court · 1919
- Diamond Bank v. Van MeterIdaho Supreme Court · 1910
- Doust v. Rocky Mountain Bell Telephone Co.Idaho Supreme Court · 1908
- Langton Lime & Cement Co. v. PeeryUtah Supreme Court · 1916
16 more not listed; retrieve them via the Exa API.