Stout v. Cunningam
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Motion to dismiss appeal.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Motion to dismiss appeal. Where an appeal has been perfected before entry of judgment, no jurisdiction is thereby conferred on this court, and the appeal should be dismissed for want of jurisdiction. {Yeomans v. Lmnberton, 29 Ida. 801, 162 Pac. 674; Aihey v. Oregon 8. L. R. Go., 30 Ida. 318, 165 Pac. 1116; City of Spokane Falls v. Browne, 3 Wash. 84, 27 Pac. 1077.) “Where an appellate court is without jurisdiction of the subject matter it cannot acquire jurisdiction by its decision;…
1Opinion of the CourtMorgan, C. J.
On September 16, 1915, an order was made by the district judge sustaining respondent’s demurrer *85to appellants’ complaint. On October 16, 1915, appellants having refused to further plead, an order, in effect a judgment dismissing the action, was signed by the judge and filed by the clerk of the district'court, and on January 13, 1916, appellants filed their notice of and undertaking on appeal. That appeal was, on January 19, 1917, dismissed because of lack of diligence in its prosecution. (Stout v. Cunningham, 29 Ida. 809, 162 Pac. 928.)
The order, or judgment of dismissal of the action in the…
2Cases cited3 opinions
- Stout v. CunninghamIdaho Supreme Court · 1917
- Athey v. Oregon Short Line RailroadIdaho Supreme Court · 1917
- Yeomans v. LambertonIdaho Supreme Court · 1917
3Cited by4 opinions
- Kraft v. StateIdaho Supreme Court · 1978
- Glass v. Windsor Navigation Co.Washington Supreme Court · 1973
- Miller v. Gooding Highway DistrictIdaho Supreme Court · 1934
- Kraft v. StateIdaho Supreme Court · 1978