Twin Falls Bank & Trust Co. v. Boy Scouts of America

Long ago this Court held that failure to file the cost bond on appeal to this Court required by I.C. § 13-203 was jurisdictional and must of necessity result in a dismissal of the appeal, Foresman v. Board of Commissioners, 11 Idaho 11, 80 P. 1131 (1905).

However, the history of the requirement of an undertaking on appeal from the justice or probate court to the district court or, after court reform, from the magistrate court to the district court, is entirely different. I.C. § 17-105, which was enacted in *3121881, and remained unchanged until it was repealed by chapter 268 of the 1971…