Snyder v. Wooden
Idaho Supreme Court
APPEAL from the District Court in and for Ada County. Honorable George H. Stewart, Judge. The district court dismissed an appeal taken from a justice’s court and from the judgment of dismissal the appellant appealed to the supreme court.
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APPEAL from the District Court in and for Ada County. Honorable George H. Stewart, Judge. The district court dismissed an appeal taken from a justice’s court and from the judgment of dismissal the appellant appealed to the supreme court. “Sec. 4842. An appeal from a justice’s .... court is not effectual for any purpose, unless an undertaking be filed, with two or more sureties, in the sum of one hundred dollars, for the payment of costs on the appeal.....The adverse party may except to the sufficiency of the sureties within five days after the filing of the undertaking, and unless they or…
1Opinion of the CourtAilshie, J.
— This case was originally commenced in a justice’s court, and was thereafter appealed to the district court. From an order and judgment of the district court dismissing the appeal so taken this appeal was prosecuted. The appeal from the justice court was dismissed by the district court on the ground that the appellant had failed to give an undertaking as required by law. The judgment of the justice’s court was entered on November 3, 1904. Notice of appeal therefrom was filed and served on November 3, 1904. Thereafter, and on December 2d, an undertaking on appeal was filed, and on December…
2Cases cited4 opinions
- Coker v. Superior CourtCalifornia Supreme Court · 1881
- Bank of Escondido v. Superior Court of San DiegoCalifornia Supreme Court · 1895
- Salt Lake Brewing Co. v. GillmanIdaho Supreme Court · 1886
- Perkins v. BridgeIdaho Supreme Court · 1904