West v. Dygert
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for the county of Nez Perce. Hon. Edgar C. Steele, 'Judge. Action for debt. Judgment for plaintiff, and defendant appealed. Walter Grant Dygert, Appellant, in propria persona, cites no authorities on points decided. The dismissal of the former appeal was, in effect, an affirmance of the judgment.
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APPEAL from the District Court of the Second Judicial District for the county of Nez Perce. Hon. Edgar C. Steele, 'Judge. Action for debt. Judgment for plaintiff, and defendant appealed. Walter Grant Dygert, Appellant, in propria persona, cites no authorities on points decided. The dismissal of the former appeal was, in effect, an affirmance of the judgment. (Sec. 4823, Rev. Stat. 1887; Fahey v. Belcher, 3 Ida. 644, 32 Pae. 1135.) This being true, no second appeal will lie, as the former affirmance is the law of the case. (Lindsay v. People, 1 Ida. 438; Palmer v. Utah & Northern By. Go., 2…
1Opinion of the CourtAilshie, C. J.
This case is here for the second time on appeal. The first appeal to this court was dismissed on November 27, 1907 (West v. Dygert, 13 Ida. 641, 92 Pac. 753), for the reason that no undertaking on appeal had ever been filed in accordance with the provisions of sec. 4808, Rev. Stat. A motion has been made to dismiss this appeal on several grounds, one of which is that the judgment in question is res adjudicata, for the reason that the previous appeal was dismissed without any provision to the effect that the same was “without prejudice to another appeal.” Sec. 4823 of the Rev. Stat. provides…
2Cases cited2 opinions
- West v. DygertIdaho Supreme Court · 1907
- Fahey v. BelcherIdaho Supreme Court · 1893
3Cited by1 opinion
- Simons v. DavenportIdaho Supreme Court · 1945