Numbers v. Rocky Mountain Bell Telephone Co.
Idaho Supreme Court
APPEAL from District Court, Washington County. It is only necessary to consider whether the bond is sufficient to perfect the appeal. The undertaking specifies that one of the purposes for which it was given is'“payment of costs on appeal.” For this purpose a bond of one hundred dollars is sufficient. (Ward v. Superior Court of Marin County, 58 Cal. 519.) The law specially authorizes the giving of new sureties in plaee-of those excepted to. (Kev.
Read the full summary
APPEAL from District Court, Washington County. It is only necessary to consider whether the bond is sufficient to perfect the appeal. The undertaking specifies that one of the purposes for which it was given is'“payment of costs on appeal.” For this purpose a bond of one hundred dollars is sufficient. (Ward v. Superior Court of Marin County, 58 Cal. 519.) The law specially authorizes the giving of new sureties in plaee-of those excepted to. (Kev. Stats., sec. 4842.) In such cases, the usual practice is to file a new undertaking which, it is held,, relates back to filing of original bond.…
1Opinion of the CourtQuarles, J.
This action was commenced by the respondent against the appellant in the justice’s court of West Weiser *411precinct, in and for Washington county; and on the twenty-=sixth day of January, 1900, judgment was made and entered therein in favor of the respondent and against the appellant for '$102.06 damages and costs, taxed at two dollars and forty cents. Thereafter, and on February 21, 1900, the appellant served and filed notice of appeal, and executed and filed undertaking on appeal in said justice’s court, appealing therefrom to the district court from said justice’s judgment. Thereafter,…
2Cited by4 opinions
- Wilson v. DoyleIdaho Supreme Court · 1906
- Gonzaga University v. MasiniIdaho Supreme Court · 1927
- Perkins v. BridgeIdaho Supreme Court · 1904
- Edminston v. SteeleIdaho Supreme Court · 1906