Welch v. Spokane International Railway Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Boundary County. Hon. JohnM. Flynn, Judge. Motion to dismiss appeal. files no brief. Buie 26 of this court requires that “in no case shall a transcript on appeal be filed in this court more than six months after the perfecting of the appeal except by order of the court or one of the justices thereof upon a showing of due diligence.”
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APPEAL from the District Court of the Eighth Judicial District, for Boundary County. Hon. JohnM. Flynn, Judge. Motion to dismiss appeal. files no brief. Buie 26 of this court requires that “in no case shall a transcript on appeal be filed in this court more than six months after the perfecting of the appeal except by order of the court or one of the justices thereof upon a showing of due diligence.” (Stine Lumber & Shingle Go. v. Semenway, 32 Ida. 153, 179 Pac. 505.) This was not done and the appeal should therefore be dismissed, especially in view of the fact that the order denying the…
1Opinion of the CourtBice, J.
Bespondent moved to dismiss the appeal upon the ground that the transcript was not filed in this court within the time allowed by law and the rules of the court; that it had not yet been filed, and more than six months had elapsed since the appeal was perfected.
The appeal was perfected March 14, 1919. An order was duly made for reporter’s transcript in lieu of bill of exceptions. This transcript at the time the motion was made had not been settled by the trial court, and more than six months had elapsed after the appeal was perfected.
The motion to dismiss the appeal is premature. It is…
2Cases cited9 opinions
- Bohannon Dredging Co. v. EnglandIdaho Supreme Court · 1917
- Stout v. CunninghamIdaho Supreme Court · 1917
- Coon v. SommercampIdaho Supreme Court · 1915
- Woodmansee & Webster Co. v. WoodmanseeIdaho Supreme Court · 1918
- State v. JewettIdaho Supreme Court · 1915
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3Cited by1 opinion
- Scott v. MadaricaIdaho Supreme Court · 1920