Nielson v. Board of County Commissioners

WILLIAM A. LEE, C. J.,

Concurring Specially. — I concur in the order denying the motions to dismiss the appeals in each of the foregoing eases, but not for the reasons stated in the opinion.

It has been uniformly held that a failure to file the transcript on appeal within the time fixed by Rule 26, or some extension of the time as provided for by Rule 28, negatives diligence. (Strand v. Crooked River Min. Co., 23 Ida. 577, 131 Pac. 5; First Nat. Bk. of American Falls v. Shaw, 24 Ida. 134, 132 Pac. 802; Coon v. Sommercamp, 26 Ida. 776, 146 Pac. 728; Stout v. Cunningham, 29 Ida. 809, 162 Pac.…