Oliver v. Kootenai County
Idaho Supreme Court
APPEAL from the District Court of First Judicial District for Kootenai County. Hon. Ralph T. Morgan, Judge. Action to foreclose a mechanic’s lien. Judgment of dismissal. Motion to set aside judgment overruled. No order or judgment was ever entered from which we could have appealed until the order of October 31, 1905, was signed and entered.
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APPEAL from the District Court of First Judicial District for Kootenai County. Hon. Ralph T. Morgan, Judge. Action to foreclose a mechanic’s lien. Judgment of dismissal. Motion to set aside judgment overruled. No order or judgment was ever entered from which we could have appealed until the order of October 31, 1905, was signed and entered. This court has, in the very decision cited by counsel, held that where the transcript contains no final judgment, an appeal is premature and cannot be taken, and the transcript in this case shows that no order was ever entered, and therefore no judgment…
1Opinion of the CourtSullivan, J.
It is contended by counsel for appellant that this is an appeal from a judgment of dismissal of the district court of Kootenai county after having sustained an amended demurrer to the complaint.
The notice of appeal recites that the appeal is taken from a “judgment made and entered on the thirty-first day of October, 1905, dismissing this action as to the defendant, Kootenai county, on sustaining the demurrer of said county to the complaint.”
A motion was made to dismiss this appeal on the ground that the appeal is not taken from an appealable order or judgment. It appears from the transcript…
2Cases cited1 opinion
- Havens v. StewartIdaho Supreme Court · 1900
3Cited by9 opinions
- Mitter v. Black Diamond Coal Co.Wyoming Supreme Court · 1922
- Shumake v. ShumakeIdaho Supreme Court · 1910
- Santti v. HartmanIdaho Supreme Court · 1916
- Zilka v. GrahamIdaho Supreme Court · 1914
- Duffield v. OhneweinIdaho Supreme Court · 1920
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