Village of Hailey v. Riley
Idaho Supreme Court
APPEAL from the District Court of Blaine County. Hon. Lyttleton Price, Judge. Action to quiet title to an interest or estate in a ditch and laterals. Judgment for plaintiff. Defendant appeals. Motion to dismiss appeal. If jurisdiction is secured through the voluntary appearance of the respondent, it is immaterial to the court whether or not an undertaking has been filéd. (2 Ency. of PI. & Pr. 618, 619, 632; 17 Am. & Eng.
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APPEAL from the District Court of Blaine County. Hon. Lyttleton Price, Judge. Action to quiet title to an interest or estate in a ditch and laterals. Judgment for plaintiff. Defendant appeals. Motion to dismiss appeal. If jurisdiction is secured through the voluntary appearance of the respondent, it is immaterial to the court whether or not an undertaking has been filéd. (2 Ency. of PI. & Pr. 618, 619, 632; 17 Am. & Eng. Ency. of Law, 1063, 1064.) A good and sufficient undertaking approved by the justices of the supreme court was filed in this court before the hearing of the motion to dismiss…
1Opinion of the CourtStewart, J.
The respondent moves to dismiss the appeal in this case upon the ground that no undertaking on appeal has been filed in said cause. Revised Statutes, section 4821, provides that the copies provided for in the last three *752sections must be (certified to be correct by the clerk or the attorneys and must be accompanied with a certificate of the clerk or attorneys that an undertaking on appeal in dme form has been properly filed, or a stipulation of the parties waiving am undertaking. The certificate attached to the transcript in this case is as follows: “It is hereby stipulated by the attorneys…
Also in this document: Concurrence.
2Cases cited5 opinions
- Perkins v. CooperCalifornia Supreme Court · 1890
- Pacific Mutual Life Insurance v. EdgarCalifornia Supreme Court · 1901
- Forni v. YoellCalifornia Supreme Court · 1892
- Watson v. CornellCalifornia Supreme Court · 1878
- Winder v. HendrickCalifornia Supreme Court · 1880
3Cited by2 opinions
- Haas v. TetersIdaho Supreme Court · 1910
- Marine Mart v. KrugerIdaho Supreme Court · 1954