Johnston v. Bronson

Citations

• 19 Idaho 449
• 114 P. 5
• 1911 Ida. LEXIS 24

Syllabus

<p>Procedure — Title op Cause on Transcript — Motion por a New Trial — Certificate op Record — Service on Adverse Party — Codependants.</p> <p>(Syllabus by the court.)</p> <p>1. The title to a case on appeal as the same appears upon the title page of the transcript, together with the respective names of appellant and respondent, considered and held to be a sufficient compliance with the rules of the court to entitle the case to a hearing.</p> <p>2. Where the appeal from the judgment is not taken within one year and is dismissed, and the appellant has appealed from an order denying a motion for a new trial, and the record on appeal contains no certificate showing the papers, records and files that were used and considered by the trial judge on the hearing of the motion, and a motion is made to dismiss the appeal on the ground that the reeord does not contain the judgment-roll, held, that the appellate court is unable to determine from the reeord whether or not the judgment-roll was used on the hearing in the lower court or what papers were used on the hearing in the lower court, and is consequently unable to tell what papers and files and records should be contained in the transcript, as provided for in sec. 4443, Rev. Codes, and that the appeal should accordingly be dismissed.</p> <p>3. Where one of several defendants takes an appeal and the attorneys for such defendant sign a notice of appeal as “attorneys for defendants,” and it appears throughout the reeord that there was a great number of defendants in the case and that they were represented by various attorneys, and that the attorneys who prosecuted the appeal were attorneys for only one defendant and the notice of appeal was not served on the other defendants, who did not in fact appeal, held, that the appeal was only prosecuted on behalf of the one defendant, and that the notice of appeal has not been served on the adverse parties, and that the appeal should be dismissed.</p>