Legal Opinion

Kootenai Valley Railway Co. v. Kootenai County

Idaho Supreme Court

Decided December 15, 1904Published

APPEAL from District Court in and for Kootenai Connty. Honorable Ralph T. Morgan, Judge. The Kootenai Valley Railway Company appealed from an order of the hoard of county commissioners of Kootenai county and its appeal was dismissed by the district court, from which order and judgment an appeal was taken to this court. The facts are the same as in the case of Great Northern By. Go. v. Kootenai County.

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APPEAL from District Court in and for Kootenai Connty. Honorable Ralph T. Morgan, Judge. The Kootenai Valley Railway Company appealed from an order of the hoard of county commissioners of Kootenai county and its appeal was dismissed by the district court, from which order and judgment an appeal was taken to this court. The facts are the same as in the case of Great Northern By. Go. v. Kootenai County. Failure to file transcript within the time prescribed by the rules of. the supreme court of this state is ground for dismissal of appeal, and yet, where the appellant was not at- fault, the…

1Opinion of the Court

AILSHIE, J. —

The facts in this case are identical with the facts as contained in the statement preceding the opinion in the ease of Great Northern Ry. Co. v. Kootenai County, ante, p. 379, 78 Pac. 1078, decided at this present term, and therefore the judgment of the lower court will be reversed for the same- reasons and on the same grounds as given in that case.

The judgment of the district court is reversed and the cause remanded, with directions to the trial court to reinstate the appeal as taken from the board of county commissioners, and permit the appellant to file such undertaking for…

2Cases cited1 opinion

  1. Great Northern Railway Co. v. Kootenai CountyIdaho Supreme Court · 1904

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