Hudson v. Kootenai Power Co.

GIVENS, J.-

— Both respondents have moved to dismiss the appeal because the reporter’s transcript was never served on the Kootenai Power Company, nor any notice given it or its attorney of the service of the transcript on the other respondent, as provided in C. S., sections 6886 and 7166, and rule 28 of this court.

Appellant urges that the motion to dismiss filed by the city of Coeur d’Alene was never served on appellant or its attorney, and there is a sharp conflict as to whether such service was made prior to the presentation of this matter to this court.

It is unnecessary to decide whether…