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Rosenbaum v. Small

Rosenbaum v. Small, 40 P. 54 (Idaho 1895)
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Court
Idaho Supreme Court · State Highest Courts
Decided
April 6, 1895
Judges
Huston, Morgan, Sullivan
Citations
40 P. 544 Idaho 4231895 Ida. LEXIS 33
Syllabus
Appeal, not Taken in Time- — No Jurisdiction. — Where an appeal is not taken within the time prescribed by statute, the court acquires no jurisdiction to hear it.
Summary
APPEAL from District Court, Shoshone County. No briefs on file on motion to dismiss.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Huston

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HUSTON, J.

This is an appeal from the same judgment and like order overruling motion for a new trial as the two preceding cases against the same defendants. (Schiller v. Small, ante, p. 422, 40 Pac. 53 ; Peters v. Small, ante, p. 422, 40 Pac. 53 .) The decree was entered June 27, 1893, and notice of appeal filed on June 29, 1894, and served on July 21, 1894. The appeal net having been taken within the time prescribed by statute, to wit, one year, this court has no jurisdiction to hear it.. Appeal dismissed, with costs to respondents.

Morgan, C. J., and Sullivan, J., concur.

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Cited by 0 cases

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Authorities cited 1

DepthCaseCited by
Schiller v. Small, 40 P. 53 (Idaho 1895) 3

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