Bohannon Dredging Co. v. England
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. Hon. James G. Gwinn, Presiding Judge. Action to determine priority of water rights. Motion to dismiss appeal. Where the transcript fails to show compliance with the statute and all rules of court in taking an appeal, the same will be dismissed.
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APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. Hon. James G. Gwinn, Presiding Judge. Action to determine priority of water rights. Motion to dismiss appeal. Where the transcript fails to show compliance with the statute and all rules of court in taking an appeal, the same will be dismissed. (Flynn’s Dig., p. 30.) Where the transcript was not settled until after the motion for a new trial had been heard, the same will be stricken from the record on appeal. (Wood v. Tanner, 15 Ida. 689, 99 Pac. 123, 1053; Mattabaugh v. Vollmer, 5 Ida. 23, 46 Pac. 831.) “When…
1Opinion of the CourtRice, J.
This is an appeal from the district court of the sixth judicial district for Lemhi county from an order of the trial court overruling appellant’s motion for a new trial. Respondents have moved to dismiss the appeal upon several grounds, each of which will be considered separately.
Respondents first contend that this appeal should be dismissed for the reason that notice of motion for a new trial in the district court was not served upon respondents or their counsel. There is no proof of service of this notice, or acknowledgment thereof, in the record. The order of the trial court overruling the…
2Cases cited7 opinions
- Bell v. StaackeCalifornia Supreme Court · 1902
- Vreeland v. EdensMontana Supreme Court · 1907
- Strand v. Crooked River Mining & Milling Co.Idaho Supreme Court · 1913
- Coon v. SommercampIdaho Supreme Court · 1915
- Kelley v. ClarkIdaho Supreme Court · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Sweaney & Smith Co. v. St. Paul Fire & Marine InsuranceIdaho Supreme Court · 1922
- Brooks v. EppersonSupreme Court of Virginia · 1935
- Clear Lake Power & Improvement Co. v. ChriswellIdaho Supreme Court · 1918
- Moody v. CraneIdaho Supreme Court · 1921
- Simons v. DavenportIdaho Supreme Court · 1945
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