Reynolds v. Corbus
Idaho Supreme Court
APPEAL from District Court, Ada County. Section 4838 of the Revised Statutes of Idaho, among other things, provides that "the appeal is taken by filing a notice of appeal with the justice or judge and serving a copy on the adverse party.”
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APPEAL from District Court, Ada County. Section 4838 of the Revised Statutes of Idaho, among other things, provides that "the appeal is taken by filing a notice of appeal with the justice or judge and serving a copy on the adverse party.” The Encyclopedia of Pleading and Practice, which is recognized by both bench and bar as a standard work, states the rule as follows: "Where statutes require the notice of appeal to be filed, it is generally held that it must be filed before or contemporaneously with the service of the notice. Otherwise, the service of the copy of the notice of appeal is not…
1Opinion of the CourtSullivan, J.
This action was brought in the probate court of Ada county to recover $426 damages for an alleged violation of a contract, and costs of suit. Judgment was rendered in favor of plaintiffs for said sum. An.appeal was taken from that judgment to the district court. The appeal was taken as follows: On the second day of May, 1900, the defendant served on the attorney for the plaintiffs a copy of the notice of appeal, and on the third day of May, 1900, the notice of appeal, with a proper undertaking on appeal was filed in said probate court. Thereafter counsel for plaintiffs appeared in the…
2Cases cited3 opinions
- People v. Ah YuteCalifornia Supreme Court · 1880
- Salt Lake Brewing Co. v. GillmanIdaho Supreme Court · 1886
- Slocum v. SlocumIdaho Supreme Court · 1875
3Cited by11 opinions
- Lanning v. SpragueIdaho Supreme Court · 1951
- Rankin v. CaldwellIdaho Supreme Court · 1908
- State v. FlemingIdaho Supreme Court · 1910
- Storer v. HeitfeldIdaho Supreme Court · 1909
- State ex rel. Hall v. District Court of the Fifth Judicial DistrictMontana Supreme Court · 1906
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