Steensland v. Hess
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Gooding County. Hon. Edward A. Walters, Judge. From an order refusing to strike a cost bill from the files and to disallow costs plaintiff.appeals. The provision of sec. 4912, Rev. Codes, relating to the service of the copy of the memorandum of eosts on the adverse party is mandatory.
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APPEAL from the District Court of the Fourth Judicial District for Gooding County. Hon. Edward A. Walters, Judge. From an order refusing to strike a cost bill from the files and to disallow costs plaintiff.appeals. The provision of sec. 4912, Rev. Codes, relating to the service of the copy of the memorandum of eosts on the adverse party is mandatory. (Stickney v. Berry, 7 Ida. 303, 62 Pac. 924; Riddell v. Harrell, 71 Cal. 254, 12 Pac. 67.) When service of the memorandum of costs is not made on the adverse party or his attorney within the statutory time, the memorandum filed will be stricken…
1Opinion of the CourtAilshie, C. J.
In this case a motion has been made to dismiss the appeal on the grounds that no proper certificate of identification was attached to the transcript as required *184by the rules of this court. The certificate which was attached to the transcript by the clerk is insufficient and falls within the rule announced in the following cases: Supreme Court Rule No. 21, 96 Pac. ix; Village of Sandpoint v. Doyle, 9 Ida. 236, 74 Pac. 861; Simmons Hardioare Co. v. Alturas Commercial Co., 4 Ida. 386, 39 Pac. 553; Kootenai County v. Hope Lumber Co., 13 Ida. 262, 89 Pac. 1054; Steve v. Bonners Kerry Lumber Co.,…
2Cases cited19 opinions
- Hall v. JensenIdaho Supreme Court · 1908
- Dow v. RossCalifornia Supreme Court · 1891
- Mallory v. SeeCalifornia Supreme Court · 1900
- Steve v. Bonners Ferry Lumber Co.Idaho Supreme Court · 1907
- Mullally v. Irish-American Benevolent SocietyCalifornia Supreme Court · 1886
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Julien v. BarkerIdaho Supreme Court · 1954
- Williams v. HavensIdaho Supreme Court · 1968
- Owen v. Taylor Ex Rel. TaylorIdaho Supreme Court · 1941
- Gem State Mutual Life Association v. GrayIdaho Supreme Court · 1955
- Gloubitz v. Smeed Bros.Idaho Supreme Court · 1933
6 more not listed; retrieve them via the Exa API.