Legal Opinion

Columbia Trust Co. v. Balding

Idaho Supreme Court

Decided November 29, 1921PublishedCited by 5 opinions

APPEAL from the District Court of the Sixth Judicial District, for Butte County. Hon. F. J. Cowen, Judge. Action in foreclosure. Judgment for plaintiff.

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APPEAL from the District Court of the Sixth Judicial District, for Butte County. Hon. F. J. Cowen, Judge. Action in foreclosure. Judgment for plaintiff. The failure of the appellants to serve a copy of the transcript upon the respondent; the settlement of the transcript by the trial court without notice to the respondent, and in its absence, and the failure of the appellants to lodge the transcript in the supreme court within sixty days after the settlement thereof by the trial court, or within six months after the perfecting of the appeal, no extension of time within which to serve and file…

1Opinion of the CourtBudge, J.

This is an appeal from a judgment foreclosing a lien on certain stock owned by appellants in the Blaine County Canal Company, and foreclosing all of appellants’ right, title and interest in and to certain lands to which the water right evidenced by said stock is appurtenant, under what is commonly known as the Carey Act.

From the record it appears that judgment was entered in this cause on May 29, 1919, and the appeal perfected therefrom on August 13, 1919; that on August 15, 1919, the district judge made an order directing the court reporter to prepare, complete and lodge his transcript with…

2Cases cited4 opinions

  1. Strand v. Crooked River Mining & Milling Co.Idaho Supreme Court · 1913
  2. Coon v. SommercampIdaho Supreme Court · 1915
  3. Boise-Payette Lumber Co. v. McCarthyIdaho Supreme Court · 1918
  4. Hansen v. Boise Payette Lumber Co.Idaho Supreme Court · 1918

3Cited by5 opinions

  1. H. B. Lake & Co. v. BalesIdaho Supreme Court · 1922
  2. Five Point Garage v. PurdumIdaho Supreme Court · 1930
  3. Fort Misery Highway District v. State BankIdaho Supreme Court · 1925
  4. Columbia Trust Co. v. BaldingIdaho Supreme Court · 1921
  5. Hudson v. Kootenai Power Co.Idaho Supreme Court · 1929

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