Kelley v. Clark
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. John F. MacLane, Judge. An action to quiet title. Motion to dismiss appeal. Under all of the prior decisions of this court the record shows due diligence in bringing motion for new trial to hearing. (Leggett v. Evans, 16 Ida. 760, 102 Pac. 486; Farmers’ Co-op. Ditch Co. v. Riverside etc. Co., 16 Ida. 525, 102 Pac. 481; Smith v. Am.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. John F. MacLane, Judge. An action to quiet title. Motion to dismiss appeal. Under all of the prior decisions of this court the record shows due diligence in bringing motion for new trial to hearing. (Leggett v. Evans, 16 Ida. 760, 102 Pac. 486; Farmers’ Co-op. Ditch Co. v. Riverside etc. Co., 16 Ida. 525, 102 Pac. 481; Smith v. Am. Falls Co., 15 Ida. 89, 95 Pac. 1059; Mc-Crea v. McQrew, 9 Ida. 382, 75 Pac. 67.) Even though this court should find that appellant should have had his motion for new trial passed…
1Opinion of the CourtStewart, C. J.
This is an action to quiet title to lot 4, block 84 of Boise.City, Idaho. The cause was tried to the court and judgment rendered. A motion for a new trial was made and overruled, and this appeal is from the judgment and the order overruling the motion for a new trial. A motion was made in this court to strike from the transcript certain portions thereof and to dismiss the appeal both from the judgment and from the order overruling the motion for a new trial. It is conceded by both parties that the appeal from the judgment must be dismissed, and we will not, therefore, discuss that question,…
2Cases cited5 opinions
- Storer v. HeitfeldIdaho Supreme Court · 1909
- Lockhart v. RollinsIdaho Supreme Court · 1889
- Big Lost River Irrigation Co. v. DavidsonIdaho Supreme Court · 1912
- Stufflebeam v. MontgomeryIdaho Supreme Court · 1891
- Leggett v. EvansIdaho Supreme Court · 1909
3Cited by9 opinions
- Hall v. JohnsonIdaho Supreme Court · 1950
- Bohannon Dredging Co. v. EnglandIdaho Supreme Court · 1917
- Fischer v. DavisIdaho Supreme Court · 1913
- Lee v. HanfordIdaho Supreme Court · 1912
- Times Printing & Publishing Co. v. BabcockIdaho Supreme Court · 1918
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