State v. Leeper
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, in and for Clearwater County. Hon. Edgar C. Steele, Judge. Defendant was convicted, in the probate court, of disturbing the peace. His appeal to the district court was dismissed. Admission of due service of notice of appeal, is a waiver of irregular service, and, in general, any action which is equivalent to acknowledgment of notice, waives any defect in such notice.
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APPEAL from the District Court of the Second Judicial District, in and for Clearwater County. Hon. Edgar C. Steele, Judge. Defendant was convicted, in the probate court, of disturbing the peace. His appeal to the district court was dismissed. Admission of due service of notice of appeal, is a waiver of irregular service, and, in general, any action which is equivalent to acknowledgment of notice, waives any defect in such notice. (Wüson v. Wilson, 6 Ida. 597, 601, 57 Pac. 708; Celia v. Schnairs, 42 Mo. App. 316.) The respondent’s attorneys in writing, admitted the service of a copy of a…
1Opinion of the CourtMorgan, J.
Appellant was convicted, in the probate court of Clearwater county, of disturbing the peace. A transcript of the docket of the probate court shows that immediately upon the rendition of judgment he gave oral notice of his intention to appeal and, within ten days thereafter, filed a written notice of his appeal to the district court; also that, upon appellant’s request, the bail bond theretofore given was refiled as a bond on appeal.
The notice, which appears to be regular in all other particulars, is unsigned. It bears the following indorsement: “Service of a true copy of the within notice of…
2Cases cited5 opinions
- People v. SchmitzCalifornia Court of Appeal · 1908
- Livermore v. WebbCalifornia Supreme Court · 1880
- Wilson v. WilsonIdaho Supreme Court · 1899
- Cella v. SchnairsMissouri Court of Appeals · 1890
- In re SchusterIdaho Supreme Court · 1914
3Cited by4 opinions
- State v. DawnIdaho Supreme Court · 1925
- State v. Superior Court of Maricopa CountyArizona Supreme Court · 1963
- State v. StokesIdaho Supreme Court · 1934
- State v. Superior Court of Maricopa CountyArizona Supreme Court · 1963