In re the Estate of Paige
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. George H. Stewart, Judge. Proceedings for probate of will. Application denied. The notice of motion should specify with particularity the precise grounds upon which the moving party will base his right to the relief sought, and a noncompliance with this rule is a sufficient ground for denying the motion.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. George H. Stewart, Judge. Proceedings for probate of will. Application denied. The notice of motion should specify with particularity the precise grounds upon which the moving party will base his right to the relief sought, and a noncompliance with this rule is a sufficient ground for denying the motion. (14 Ency. of PI. & Pr., 136, and cases cited; Estee’s Pleading, 4th ed., sec. 4401; Sawyer & Briggs v. Schoonmaker, 8 How. Pr. 198; Bailey & Southard v. Lane, 21 How. Pr. 475; Perkins v. Mead & Brook, 22 How.…
1Opinion
ON REHEARING.
STOCKSLAGER, C. J.
A petition for a rehearing has been filed in this ease, wherein it is contended that this court did not pass upon the sufficiency of the undertaking on appeal. While it is true that we did not point out specifically wherein the undertaking was insufficient, this court held that an application to amend an undertaking on appeal must be made before the motion to dismiss the appeal has been granted, thereby, inferentially at least, holding that said undertaking was insufficient. As a matter of fact it is clearly so.
Under the provisions of an act approved March 11,…
2Cases cited1 opinion
- Jackson v. BarrettIdaho Supreme Court · 1906