Obermeyer v. Kendall
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Gem County. Hon. Ed L. Bryan, Judge. Action on contract. Judgment for defendant. A reporter’s transcript prepared under C. S., sec. 6886, will not be stricken from the record on appeal because it was not prepared, lodged, served and settled within the time allowed, where appellant has obtained and served the proper order and paid the fees, and the delay is not due to any negligence on his part.
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APPEAL from the District Court of the Seventh Judicial District, for Gem County. Hon. Ed L. Bryan, Judge. Action on contract. Judgment for defendant. A reporter’s transcript prepared under C. S., sec. 6886, will not be stricken from the record on appeal because it was not prepared, lodged, served and settled within the time allowed, where appellant has obtained and served the proper order and paid the fees, and the delay is not due to any negligence on his part. (Moody v. Crane, 34 Ida. 103, 199 Pac. 652; Fischer v. Davis', 24 Ida. 216, 133 Pac. 910.) A transcript on appeal filed in this…
1Opinion of the CourtBudge, J.
Respondent has moved to dismiss the appeal in this case upon the following grounds, first, that the record shows that on December 24, 1921, the district judge made an order extending the time originally given the court reporter for the preparation, completion and lodgment of the transcript in this action to January 31, 1922, but the record fails to show good cause or any cause for such extension of time by affidavit or upon stipulation as provided in Rule 28 of this court; second, the reporter’s transcript of the evidence was not prepared, completed and lodged with the clerk of the district…
2Cited by3 opinions
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- In re the Estate of PetersonIdaho Supreme Court · 1923
- Schmershall v. FosterIdaho Supreme Court · 1923