Boise-Payette Lumber Co. v. McCarthy
Idaho Supreme Court
Original proceeding to obtain writ of mandate. Alternative writ issued. The statute can have no literal application in the case at bar, and the spirit of the statute, whieh is designed to expedite appeals, is amply conserved if the transcript is filed within the period prescribed by the rules of this court. ‘ ‘ The fact that an appellant does not file a praecipe designating the papers desired to be included in the transcript, with the clerk within five days as required under…
Read the full summary
Original proceeding to obtain writ of mandate. Alternative writ issued. The statute can have no literal application in the case at bar, and the spirit of the statute, whieh is designed to expedite appeals, is amply conserved if the transcript is filed within the period prescribed by the rules of this court. ‘ ‘ The fact that an appellant does not file a praecipe designating the papers desired to be included in the transcript, with the clerk within five days as required under Laws 1911, page 375, chapter 117, is not a, ground for dismissing an appeal. Such requirement is directory, not…
1Opinion of the CourtRice, J.
This is an original proceeding in this court to obtain a writ of mandate directed to the Honorable Charles P. McCarthy, as judge of the district court of the third judicial district, commanding him to settle the reporter’s transcript in the case of Hans P. Hansen v. Boise-Payette Lumber Co., a Corporation, as a bill of exceptions to be used upon an appeal to this court. The notice of appeal below was served and filed on April 21, 1917. At that time the appellant had in its possession a completed transcript which had been prepared for use upon an appeal which was afterward found to have been…
2Cases cited4 opinions
- State v. MaguireIdaho Supreme Court · 1917
- Evans State Bank v. SkeenIdaho Supreme Court · 1917
- Bohannon Dredging Co. v. EnglandIdaho Supreme Court · 1917
- Athey v. Oregon Short Line RailroadIdaho Supreme Court · 1917
3Cited by11 opinions
- Moody v. CraneIdaho Supreme Court · 1921
- State v. RicksIdaho Supreme Court · 1921
- Robinson v. St. Maries Lumber Co.Idaho Supreme Court · 1920
- Columbia Trust Co. v. BaldingIdaho Supreme Court · 1921
- Hansen v. Boise Payette Lumber Co.Idaho Supreme Court · 1918
6 more not listed; retrieve them via the Exa API.