Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.

RICE, D. J.

On October 20, 1930, judgment was entered in the district court in favor of the plaintiff, the respondent here, and against the defendant, appellant here. It will be convenient to refer to the parties as plaintiff and defendant.

On October 25, 1930, the defendant filed notice of motion for a new trial. On January 12, 1931, defendant perfected an appeal from the judgment by serving and filing notice thereof and the required undertaking. On February 24, 1931, the district court granted the motion for a new trial. Thereafter, on April 23, 1931, plaintiff appealed from the order…