Wood v. Tanner
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. An action to recover damages for breach of the terms of a lease. Judgment for plaintiff. Defendant appeals. Unless good cause is shown for delay, an appeal from an order denying a new trial will be dismissed upon motion, where such motion for new trial was not brought on for hearing within one year after the rendition of the judgment.
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APPEAL from the District Court of the Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. An action to recover damages for breach of the terms of a lease. Judgment for plaintiff. Defendant appeals. Unless good cause is shown for delay, an appeal from an order denying a new trial will be dismissed upon motion, where such motion for new trial was not brought on for hearing within one year after the rendition of the judgment. (McCrea v. McGrew, 9 Ida. 382, 75 Pac. 67; Smith v. American Falls etc. Go., 15 Ida. 89, 95 Pac. 1059.) The statutes of the state contemplate that the…
1Opinion of the CourtStewart, J.
In this ease the respondent recovered a judgment against the appellant for the sum of $1,200 for breach of the terms of a lease. The appellant moved for a new trial, which was denied by the trial court, and this appeal is from the order overruling the motion for a new trial.
In this court, respondent moves to strike the bill of exceptions from the transcript and to dismiss the appeal. The first motion must be sustained upon the authority of Buckle *691v. McConaghy, 11 Ida. 533, 83 Pac. 525, which is followed and approved. The second motion must be sustained upon the authority of Smith v. American…
2Cases cited2 opinions
- Smith v. American Falls Canal & Power Co.Idaho Supreme Court · 1908
- Buckle v. McConaghyIdaho Supreme Court · 1905
3Cited by1 opinion
- Livingstone v. Aberdeen-Springfield Canal Co.Idaho Supreme Court · 1918