Moore v. Koubly
Idaho Supreme Court
Appeal from tbe first district, Nez Perce county. Appellant seeks to bave tbe court review all intermediate orders and judgments, and to bave tbe order and judgment of the district court reversed, and to have the judgment of tbe justice of the peace affirmed with costs. (Stats., p. 141, secs. 292 and 293.) There is no evidence of the service upon respondent of any notice whatever of this appeal. The record shows no judgment or order of the court below in the case.
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Appeal from tbe first district, Nez Perce county. Appellant seeks to bave tbe court review all intermediate orders and judgments, and to bave tbe order and judgment of the district court reversed, and to have the judgment of tbe justice of the peace affirmed with costs. (Stats., p. 141, secs. 292 and 293.) There is no evidence of the service upon respondent of any notice whatever of this appeal. The record shows no judgment or order of the court below in the case. The appeal from the probate court to the district court wras without authority of law, and conferred no jurisdiction upon that…
1Opinion of the Court
CüMMiNS, J.,
delivered the opinion of the court,
MoBbide, C. J., and Kelly, J., concurring.
This was an action in replevin, originally commenced and tried in the justice’s court for the recovery of specific per*57sonal property, or its value, which was determined in favor of tbe plaintiff. From that court tbe defendant appealed to tbe probate court of Nez Perce county. When tbe cause was called up for bearing in tbe probate court, on tbe fifth of February, 1864, plaintiff, by bis counsel, moved tbe court to dismiss tbe cause, upon tbe ground that tbe probate court did not possess, nor could it…
2Cases cited1 opinion
- United States v. CurrySupreme Court of the United States · 1848
3Cited by8 opinions
- Dewey v. Schreiber Implement Co.Idaho Supreme Court · 1906
- First National Bank of Weiser v. Washington CountyIdaho Supreme Court · 1909
- People ex rel. Yearian v. SpiersUtah Supreme Court · 1886
- McCray v. BakerWyoming Supreme Court · 1888
- Stevens v. MyersOregon Supreme Court · 1912
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