Sharp v. Brown
Idaho Supreme Court
MOTIONS to dismiss first and second appeals from same judgment. Appeal No. 1 should be dismissed for failure to file transcript within the time prescribed by rules 26 and 28 of the supreme court.
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MOTIONS to dismiss first and second appeals from same judgment. Appeal No. 1 should be dismissed for failure to file transcript within the time prescribed by rules 26 and 28 of the supreme court. (State v. Jewett, 27 Ida. 147, 147 Pac. 288; Bohannon Dredging Co. v. England, 30 Ida. 721, 168 Pac. 12; Gdtes v. Todd Commercial Co., 36 Ida. 784, 213 Pac. 1017.) As soon as the notice of appeal is served on the adverse party and filed in the district court, such court is ousted of jurisdiction and the supreme court acquires exclusive jurisdiction of the appeal. (Richardson v. Bohney, 18 Ida. 328,…
1Opinion of the Court
DUNN, J.-
— In this case a motion to dismiss the first appeal is accompanied by a certificate from the clerk of the lower court reciting that judgment was entered against appellant on Nov. 22, 1922; that on Dec. 29, 1922, appellant filed and served notice of appeal from the judgment and filed undertaking on appeal. The motion to dismiss is based upon the ground that the transcript has not been filed in this court within the time prescribed by rules 26 and 28.
This motion was filed on April 24, 1923'. More'than 90 days having elapsed since the appeal was perfected, no extension of time having…
2Cases cited7 opinions
- Pilkington v. PotwinSupreme Court of Iowa · 1913
- Hill v. FinniganCalifornia Supreme Court · 1880
- Richardson v. BohneyIdaho Supreme Court · 1910
- Blumauer-Frank Drug Co. v. First National BankIdaho Supreme Court · 1922
- Brown v. PlummerCalifornia Supreme Court · 1886
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3Cited by4 opinions
- Davis v. KleindienstArizona Supreme Court · 1946
- Isaak v. JourneyIdaho Supreme Court · 1932
- East Standard Mining Co. v. DevineNevada Supreme Court · 1938
- Sharp v. JeffreyIdaho Supreme Court · 1923