Titiman v. Alamance Mining Co.
Idaho Supreme Court
APPEAL from District Court, Idaho1 County. Honorable Edgar C. Steele, Judge. Appeal dismissed on ground of failure to serve notice of appeal on certain of defendants. It is certainly the rule that all- adverse parties must be served with a notice of the appeal, and that eodefendamts axe generally considered adverse parties within the meaning of this rule.
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APPEAL from District Court, Idaho1 County. Honorable Edgar C. Steele, Judge. Appeal dismissed on ground of failure to serve notice of appeal on certain of defendants. It is certainly the rule that all- adverse parties must be served with a notice of the appeal, and that eodefendamts axe generally considered adverse parties within the meaning of this rule. However, there is one well-defined exception to this rule, viz., that defaulting parties do not have to be served with notice. John N. Ward and the Alamance Mining Company were both defaulting parties herein. Such parties do not need to be…
1Opinion of the CourtSullivan, C. J.
This is a motion to dismiss the appeal on three several grounds, to wit: 1. That a copy of notice of appeal was not served on the defendants, the Alamance Mining Company and John N. Ward; 2. That a copy of the transcript ■on appeal was never served upon respondents or their attorney; and 3. That the notice of appeal was not served within the time provided by law. There is nothing in the second and third grounds of the motion, as the notice of appeal, as shown by the record, was served in time, and a substantial copy of the transcript was served upon the attorney of the respondents.
As to the…
Also in this document: Concurrence.
2Cases cited6 opinions
- Senter v. De BernalCalifornia Supreme Court · 1869
- Coffin v. EdgingtonIdaho Supreme Court · 1890
- Aulbach v. DahlerIdaho Supreme Court · 1895
- Jones v. QuantrellIdaho Supreme Court · 1886
- Lydon v. GodardIdaho Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Nelson Bennett Co. v. Twin Falls Land & Water Co.Idaho Supreme Court · 1907
- Weeter Lumber Co. v. FalesIdaho Supreme Court · 1911
- Diamond Bank v. Van MeterIdaho Supreme Court · 1910
- Frost v. Alturas Water Co.Idaho Supreme Court · 1905
- Doust v. Rocky Mountain Bell Telephone Co.Idaho Supreme Court · 1908
13 more not listed; retrieve them via the Exa API.