Finney v. American Bonding Co.

Citations

• 13 Idaho 534
• 90 P. 859
• 1907 Ida. LEXIS 60

Syllabus

<p>Motion to Dismiss — Transcript not Piled in Time — Rules op Court — Removal to United States Court.</p> <p>1. Held, under the facts of this ease, that the appeal was taken within the time required by the statute.</p> <p>2. Under the provisions of paragraph 9 of rule 27 of the rules of this court, the transcript on appeal must be served on the adverse party and filed in this court within sixty days after the appeal is perfected.</p> <p>3. Where a judgment was entered on February 18, 1905, and the notice of appeal was served and filed on the seventeenth day of April, 1905, and the undertaking on appeal filed the eighteenth day of that month, and the transcript on appeal was not filed or served until May 25, 1907, the appeal will be dismissed on motion of the adverse party on the ground that the transcript on appeal was not filed within the time required by the rules of this court.</p> <p>4. Where a party undertakes to remove a- cause commenced in the state court to the United States court, and the cause is remanded on the ground that the United States court acquired no jurisdiction of the cause by such attempted removal, the party undertaking such removal must take the consequences of the same.</p> <p>(Syllabus by the court.)</p>