Berry v. Alturas County
Idaho Supreme Court
APPEAL from District Court, Alturas County. No authorities cited on point decided. That the exceptions which, by section 403 of the Code of Civil Procedure, the adverse party is deemed to have taken, “cannot be considered on appeal without being incorporated into a bill of exceptions, and thus made a part of the judgment-roll.” (Guthrie v. Phelan, ante, p. 95, 6 Pac. 107, 109; Guthrie v. Fisher, ante, p. Ill, 6 Pac.
Read the full summary
APPEAL from District Court, Alturas County. No authorities cited on point decided. That the exceptions which, by section 403 of the Code of Civil Procedure, the adverse party is deemed to have taken, “cannot be considered on appeal without being incorporated into a bill of exceptions, and thus made a part of the judgment-roll.” (Guthrie v. Phelan, ante, p. 95, 6 Pac. 107, 109; Guthrie v. Fisher, ante, p. Ill, 6 Pac. Ill; Purdum v. Taylor, ante, p. 167, 9 Pac. 607; Fox v. West, 1 Idaho, 782.)
1Opinion of the CourtHays, C. J.
The plaintiff commenced bis action in the district court. Defendant demurred to the complaint, for the reason that it did not state facts sufficient to constitute a cause of action. The demurrer was sustained. Plaintiff not amending, a judgment was entered in favor of defendant, from which judgment plaintiff appealed. No'bill of exceptions was settled, and none is brought to this court. We had supposed the practice to be settled in this territory that the exceptions which, by section 403 of the Code of Civil Procedure, the adverse party is deemed to have taken, cannot be considered on appeal…
2Cases cited4 opinions
- Guthrie v. PhelanIdaho Supreme Court · 1885
- Fox v. WestIdaho Supreme Court · 1880
- Guthrie v. FisherIdaho Supreme Court · 1885
- Purdum v. TaylorIdaho Supreme Court · 1886
3Cited by1 opinion
- Palmer v. PettingillIdaho Supreme Court · 1898