Legal Opinion

West v. Dygert

Idaho Supreme Court

Decided November 27, 1907PublishedCited by 5 opinions

APPEAL from the District Court of Nez Perce County. Hon. Edgar C. Steele, Judge. Action between alleged partners for an accounting and ■dissolution of the partnership. Judgment for the plaintiff. Motion to dismiss appeal on the ground that an undertaking •on appeal was not filed within the time required by law.

1Opinion of the CourtSullivan, J.

This is an appeal from a judgment in favor of the respondent and against the appellant, arising out of an alleged partnership. The cause was tried to the court without a jury, and judgment entered as above stated.

Counsel for respondent moved to dismiss the appeal on several grounds, one of which was that no undertaking on-appeal was filed within the period allowed by law after the service of the notice of appeal. This motion was supported by the affidavit of counsel for respondent, and the district-judge, who tried said cause. On the hearing a copy of the-paper filed as a bond, duly certified…

Also in this document: Concurrence.

2Cases cited1 opinion

  1. Lydon v. GodardIdaho Supreme Court · 1897

3Cited by5 opinions

  1. Martin v. SodenIdaho Supreme Court · 1958
  2. Woodmansee & Webster Co. v. WoodmanseeIdaho Supreme Court · 1918
  3. Haas v. TetersIdaho Supreme Court · 1910
  4. West v. DygertIdaho Supreme Court · 1908
  5. Dygert v. SteeleIdaho Supreme Court · 1908

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