Jacobs v. Shenon

Citations

• 4 Idaho 341
• 39 P. 193
• 1895 Ida. LEXIS 5

Syllabus

<p>Motion to Reinstate Cause Aftee Dismissal — Comes too Late Aftee Motion to Dismiss has been Hexed and Allowed. — Upon a motion to dismiss an appeal by reason of failure of appellant to comply with the rules of the court with reference to filing and service of transcript and briefs, affidavits tending to excuse such laches must be presented on the hearing of the motion, where notice of the hearing has been served on appellants. It is too late to present such affidavits on a motion to reinstate the cause, after motion to dismiss has been heard and allowed.</p> <p>To Reinstate upon Calendas Meeit Should be Shown. — Upon a motion to reinstate a cause upon the calendar once dismissed, the affidavit should show apparent merit.</p> <p>(Syllabus by the court.)</p>