Witt v. Beals
Idaho Supreme Court
APPEAL from .tbe District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. • Motion to dismiss the appeal. The right to diminute at the suggestion of either party has been repeatedly recognized by the decisions of this court, both as to supplying the omitted papers and the correction of the clerk’s certificate. . (Zienhe v. Northern Pac. By.
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APPEAL from .tbe District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. • Motion to dismiss the appeal. The right to diminute at the suggestion of either party has been repeatedly recognized by the decisions of this court, both as to supplying the omitted papers and the correction of the clerk’s certificate. . (Zienhe v. Northern Pac. By. Co., 7 Ida. 746, 65 Pac. 431; Smith v. Intermountain Auto Co., 25 Ida. 212, 136 Pac. 1125; Steensland\ v. Hess, 25 Ida. 181, 136 Pac. 1124.X The certificate of the clerk to the transcript is insufficient, and the…
1Opinion of the CourtRice, J.
This is a motion to dismiss the appeal from a final judgment upon two grounds: 1. That the certificate of the clerk to the transcript is insufficient. 2. That the transcript does not contain copies of all papers as required by law.
The transcript contains two certificates of the clerk as follows:(1) “I, E. J. Finch, Clerk of the District Court of the Fourth Judicial District of the State of Idaho, in and for Twin Falls County, do hereby certify that the foregoing contain all the papers specified in the praecipe on file in my office, and that the same with the exception of the order overruling…
2Cases cited4 opinions
- Fouch v. BatesIdaho Supreme Court · 1910
- Coon v. SommercampIdaho Supreme Court · 1915
- Steensland v. HessIdaho Supreme Court · 1913
- Smith v. Inter-Mountain Auto Co.Idaho Supreme Court · 1913
3Cited by4 opinions
- Julien v. BarkerIdaho Supreme Court · 1954
- Owen v. Taylor Ex Rel. TaylorIdaho Supreme Court · 1941
- United States v. HarrisonCourt of Appeals for the Third Circuit · 1941
- Gloubitz v. Smeed Bros.Idaho Supreme Court · 1933