Peter v. Kalez
Idaho Supreme Court
APPEAL from District Court in and for Kootenai County. Honorable Ralph T. Morgan, Judge. Suit in equity for a decree canceling a deed. Judgment for defendants and a new trial granted. From the order granting .a new trial, defendants appeal. The facts are stated in the opinion.
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APPEAL from District Court in and for Kootenai County. Honorable Ralph T. Morgan, Judge. Suit in equity for a decree canceling a deed. Judgment for defendants and a new trial granted. From the order granting .a new trial, defendants appeal. The facts are stated in the opinion. Appellants contend that the court had no jurisdiction to hear the motion for new trial on May 1, 1905. There is no proof in the record that the motion and affidavits had been served on appellant, as the affidavit of Fred L. Burgan was not filed until May 15th, two weeks after the motion for new trial was submitted. The…
1Opinion of the CourtAilshie, J.
— This is an appeal from an order granting a new trial. The respondent has filed a motion to dismiss the appeal on the ground that service of the transcript on appeal was admitted by the stenographer employed in the office of Robertson, Miller & Rosenhaupt, of counsel for respondent residing in Spokane, in the name of the firm in whose office he was employed, and that such stenographer had no authority to admit service or accept copy of transcript in cases on appeal. It appears that on or about the fifteenth day of September, 1905, one of the attorneys for the appellants went to the office of…
2Cases cited7 opinions
- Sheldon v. MullCalifornia Supreme Court · 1885
- Dalzell v. Superior Court of San Benito CountyCalifornia Supreme Court · 1885
- Doll v. SmithCalifornia Supreme Court · 1867
- Gallardo v. Atl. & Pac. Tel. Co.California Supreme Court · 1875
- Warner v. TeachenorIdaho Supreme Court · 1884
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3Cited by4 opinions
- Carey v. LaffertyIdaho Supreme Court · 1938
- Buckle v. McConaghyIdaho Supreme Court · 1906
- White v. WhitcombIdaho Supreme Court · 1907
- Carey v. LaffertyIdaho Supreme Court · 1938