Perkins v. Bridge
Idaho Supreme Court
APPEAL from District Court of Idaho County. Honorable Edgar C. Steele, Judge. . This is an action in forcible entry and detainer. Judgment of dismissal on motion of the plaintiff.
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APPEAL from District Court of Idaho County. Honorable Edgar C. Steele, Judge. . This is an action in forcible entry and detainer. Judgment of dismissal on motion of the plaintiff. “To effectuate an appeal,” says Broderick, J., in delivering the opinion of the court in Salt Lake Brewing Go. v. Oilman, 2 Idaho, 195, 10 Pac. 32, “three things are required: The filing of the notice of appeal with the justice, service of a copy of the notice on the adverse party, and the filing of the undertaking. All three must be done within-thirty days after the rendition of the judgment, and are jurisdictional…
1Opinion of the Court
SULLIVAN, C. J. —
This is an action in forcible entry and detainer commenced in a justice’s court of Idaho county. The judgment of that court was for the plaintiff and was entered on the tenth day of June, 1903. On June 22, 1903, the defendant filed and served his notice of appeal, and on the same day filed an undertaking on appeal. On June 25th plaintiff filed and served exception to sureties on said undertaking. On July 1, 1903, the defendant, who is appellant here, served notice that the sureties would appear and justify at 5 o’clock on that evening. The sureties failed to appear and…
2Cases cited5 opinions
- Stevenson v. CadwellMontana Supreme Court · 1894
- Numbers v. Rocky Mountain Bell Telephone Co.Idaho Supreme Court · 1900
- Holcomb v. ReedIdaho Supreme Court · 1896
- Spurlock v. Port Townsend Southern RailroadWashington Supreme Court · 1895
- Starling v. BurdetteWashington Supreme Court · 1902
3Cited by3 opinions
- Stoneburner v. StoneburnerIdaho Supreme Court · 1905
- Elliott v. RisingIdaho Supreme Court · 1922
- Snyder v. WoodenIdaho Supreme Court · 1905