Athey v. Oregon Short Line Railroad
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Motion to dismiss on the ground that appeal was taken prematurely. The record filed for the purpose of appeal imports absolute verity.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Motion to dismiss on the ground that appeal was taken prematurely. The record filed for the purpose of appeal imports absolute verity. (4 Corpus Juris, sec. 2242, p. 496; In re Pichoir’s Estate, 139 Cal. 694, 70 Pac. 213, 215, 73 Pac. 604.) The affidavits of counsel and the deputy clerk of the district court are no proper part of the record, will not be considered and will be stricken on motion. (Williams v. Boise Basin Min. etc. Go., 11 Ida. 233, 81 Pac. 646; In re Paige’s Estate,…
1Opinion of the CourtRice, J.
This action was brought in the district court of the third judicial district, in and for Ada county. The case was tried before a jury and a verdict in favor of the plaintiff was rendered on Feb. 10, 1916. The judgment was signed by the judge and filed with the clerk on February 11, 1916. On February 15, 1916, an appeal was taken and perfected. The matter comes up at this time on motion to dismiss the appeal.
*321The grounds for dismissal are that the appeal was taken prior to the actual entry of judgment in the judgment-book as required by see. 4807, Eev. Codes, as amended by chap. 80, Sess. Laws,…
Also in this document: Concurrence.
2Cases cited16 opinions
- People v. WalkerCalifornia Supreme Court · 1901
- In Re Estate of BrewerCalifornia Supreme Court · 1909
- Wilson v. WilsonIdaho Supreme Court · 1899
- Williams v. Boise Basin Mining & Development Co.Idaho Supreme Court · 1905
- Washington County Land & Development Co. v. Weiser National BankIdaho Supreme Court · 1915
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Boise-Payette Lumber Co. v. McCarthyIdaho Supreme Court · 1918
- Miller v. Gooding Highway DistrictIdaho Supreme Court · 1934
- Pedersen v. MooreIdaho Supreme Court · 1919
- Johnson v. HoldermanIdaho Supreme Court · 1917
- Herrett v. HerrettIdaho Court of Appeals · 1983
3 more not listed; retrieve them via the Exa API.