Holcomb v. Reed
Idaho Supreme Court
APPEAL from District Court, Bannock County. Unknown to appellant or his counsel, the respondent’s attorney went into the probate court and filed an exception to the sufficiency of appellant’s sureties on appeal. When the appeal was about to come up for argument in the district court, respondent’s attorney then gave verbal notice that he had excepted to the sureties.
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APPEAL from District Court, Bannock County. Unknown to appellant or his counsel, the respondent’s attorney went into the probate court and filed an exception to the sufficiency of appellant’s sureties on appeal. When the appeal was about to come up for argument in the district court, respondent’s attorney then gave verbal notice that he had excepted to the sureties. We contend that appellant or his counsel was entitled to notice of the fact that the sureties were excepted to. {Lewis v. Lewis, 4 Or. 209; Qulliford v. Gadd,. 51 N. Y. St. Rep. 609, 22 N. Y. Supp. 539; Hoffman v. Smith, 34 Hun…
1Opinion of the CourtSullivan, J.
This is an appeal from an order of the district court of Bannock county dismissing an appeal from the probate court of said county, and from the judgment of dismissal. The facts are as follows, as disclosed by the transcript: Judgment was made and entered against the appellant, Reed, by the probate court of Bannock county, and thereafter an appeal was taken to the district court of said county. The appellant filed his undertaking- on appeal on November 9, 1895, and on the thirteenth day of said month the plaintiffs, by their attorney, duly filed exceptions to the sufficiency of defendant's…
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