Van Meter v. Squibb
Idaho Supreme Court
APPEAL from District. Court of Bingham County. Honorable J. C. Eich, Judge. Motion to dismiss appeal. cites no authorities on the point decided by the court. Eespondent contends that this appeal is open to dismissal for the following reasons: 1. So-called statement on motion for new trial has never been filed and is not a part of the records of the court where the cause was originally tried nor part of the record in this cause. (Idaho Code Civ.
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APPEAL from District. Court of Bingham County. Honorable J. C. Eich, Judge. Motion to dismiss appeal. cites no authorities on the point decided by the court. Eespondent contends that this appeal is open to dismissal for the following reasons: 1. So-called statement on motion for new trial has never been filed and is not a part of the records of the court where the cause was originally tried nor part of the record in this cause. (Idaho Code Civ. Proc., secs. 3.519, 3546.) 2. So-called statement has never been settled, allowed, signed or certified to by the judge of the court who tried this…
1Opinion of the CourtSullivan, C. J.
This is a motion to strike out the statement and dismiss the appeals. The appeals are from the judgment and from the order denying a new trial.
The transcript contains what purports to be a statement on motion for a new trial, which statement has not been settled by the judge but merely certified by the respective attorneys.
Section 4441, Revised Statutes, requires the statement to be settled and signed by the judge or referee. As that was not done, the statement must be stricken from the transcript. This disposes of the appeal from the order denying a new trial as that appeal is based on said…
2Cited by1 opinion
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