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Chapman v. A. H. Averill Machinery Co.

W. E. CHAPMAN v. THE A. H. AVERILL MACHINERY CO.

Chapman v. A. H. Averill Mach. Co., 147 P. 785 (Idaho 1915)
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Court
Idaho Supreme Court · State Highest Courts
Decided
April 19, 1915
Judges
Budge, Morgan, Sullivan
Citations
147 P. 78527 Idaho 2131915 Ida. LEXIS 27
Disposition
Motion sustained and appeal dismissed.
Headnotes
Motion to Dismiss — Stenographer’s Transcript — Settlement or. 1. Under the provisions of see. 4434, Kev. Codes, as amended by chap. 119, Laws 1911, p. 379, in order to review the matter contained in the stenographer’s transcript, such transcript must be settled by the' judge.
Summary
APPEAL from the District Court of the Second Judicial District for Lewis County. Hon. Edgar C. Steele, Judge. Motion to dismiss appeal on the ground that the reporter’s transcript had not been settled by the judge. In order to raise any question of error committed by the trial court the transcript of the stenographer’s notes should be settled and certified by the trial court. (Edwards v. Anderson, 23 Ida. 508, 130 Pac. 1001; Strand v. Crooked River M. & M. Co., 23 Ida. 577, 131 Pac. 5.)

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

Opinion of the Court — Sullivan

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SULLIVAN, C. J.

— This is an appeal from a judgment entered in favor of the plaintiff. A motion to dismiss the appeal has been made on the ground that the stenographer’s notes of the evidence were not prepared, served, settled and certified as required by law, or at all.

On an examination of the transcript, we find that the reporter’s notes were not settled by the trial court or judge, and on the authority of Grisinger v. Hubbard, 21 Ida. 469 , Ann Cas. 1913E, 87, 122 Pac. 853 ; and Strand v. Crooked *214 River M. & M. Co., 23 Ida. 577 , 131 Pac. 5 , where it was held that in order to review the matter contained in the ‘stenographer’s transcript such transcript must be settled by the judge, the motion must be sustained and the appeal dismissed. Costs in favor of the respondent.

Budge and Morgan, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1915: 11921: 119152026peak 1915 · 1

Relies on it most ⓘ

  1. State v. Ramirez203 P. 279 (Idaho 1921)
  2. Chapman v. A. H. Averill Machinery Co.152 P. 593 (Idaho 1915)

Most recent

  1. State v. Ramirez203 P. 279 (Idaho 1921)
  2. Chapman v. A. H. Averill Machinery Co.152 P. 593 (Idaho 1915)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Grisinger v. Hubbard, 122 P. 853 (Idaho 1912) 20
Strand v. Crooked River Mining & Milling Co., 131 P. 5 (Idaho 1913) 17

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