Nelson Bennett Co. v. Twin Falls Land & Water Co.
Idaho Supreme Court
APPEAL from the District Court of Fourth Judicial District for Cassia County. Hon. Lyttleton Price, Judge. Action to foreclose laborer’s lien. Judgment for plaintiff. Defendant appealed. Motion to dismiss appeal. It nowhere appears that Ryberg & Carleson ever filed any pleadings or took part in the case in any manner.
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APPEAL from the District Court of Fourth Judicial District for Cassia County. Hon. Lyttleton Price, Judge. Action to foreclose laborer’s lien. Judgment for plaintiff. Defendant appealed. Motion to dismiss appeal. It nowhere appears that Ryberg & Carleson ever filed any pleadings or took part in the case in any manner. Appellant never at any time was served with pleadings on the part of Ryberg & Carleson, nor was it required to serve any pleadings upon them.' So far as it appears from this record, they were mentioned in the complaint as being parties who had some possible claim against Nelson…
1DissentSullivan, J.
I am unable to concur in the conclusion reached by my associates on the motion to dismiss the appeal in this case. At the outset, Mr. Justice Stewart who prepared the opinion of the majority, maintains under the provisions of section 4808, Bevised Statutes, requiring notice of appeal to be served upon the adverse party or his attorney, that the term “adverse party” means only such parties as might be “prejudicially affected” by a modification or a reversal of the judgment appealed from, and such prejudice'must affirmatively appear on the face of the transcript. I am unable to concur with that…
2Cases cited9 opinions
- Senter v. De BernalCalifornia Supreme Court · 1869
- Smith v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1893
- Fahey v. Esterley Machine Co.North Dakota Supreme Court · 1893
- Barker v. ClevelandMichigan Supreme Court · 1869
- Short v. TaylorSupreme Court of Missouri · 1897
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