Peterson v. Phelps
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, for Bear Lake County. Hon. Bobert M. Terrell, Judge. Action for injunction. Judgment for defendant, dissolving temporary injunction and dismissing the action. The transcript of record on appeal was not served upon the respondent or his attorney and filed in this court within sixty days after the appeal was perfected, as required by Rule 26. (Stout v. Cunningham, 29 Ida. 809, 162 Pac. 928.)
1Opinion of the CourtBudge, C. J.
This is an action for an injunction. A judgment was entered, dissolving a temporary injunction theretofore issued and dismissing the action. This appeal is from the judgment. The appeal was perfected on July 19, 1917. The transcript was not served and filed until October 9, 1917. Rule 26 of the rules of this court, adopted June 8,1915, and then in effect, provided that:
“In all cases where an appeal is perfected, .... transcripts of the record (showing the date of filing the undertaking on appeal) must be served upon the adverse party and filed in this court within sixty days after the appeal…
2Cases cited7 opinions
- Bohannon Dredging Co. v. EnglandIdaho Supreme Court · 1917
- Stout v. CunninghamIdaho Supreme Court · 1917
- Coon v. SommercampIdaho Supreme Court · 1915
- State v. JewettIdaho Supreme Court · 1915
- Hansen v. Boise Payette Lumber Co.Idaho Supreme Court · 1918
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3Cited by3 opinions
- Blumauer-Frank Drug Co. v. First National BankIdaho Supreme Court · 1922
- Woodmansee & Webster Co. v. WoodmanseeIdaho Supreme Court · 1918
- Welch v. Spokane International Railway Co.Idaho Supreme Court · 1920