Libby v. Spokane Valley Land & Water Co.

Citations

• 15 Idaho 467
• 98 P. 715
• 1908 Ida. LEXIS 123

Syllabus

<p>Appeal — Justice’s Court — Undertaking—Stay op Proceedings — Bill op Exceptions — Surety Bonds — Justification.</p> <p>1. The certificate of the trial judge certifying to the different papers and documents used upon a motion to dismiss an appeal, although incorporated into the record and designated as a bill of exceptions, is not strictly a bill of exceptions, but is a certificate of identification under the statute, as to the papers used upon the hearing of the motion; and mil be considered only as such certificate.</p> <p>2. Under Eev. Stat., sec. 4842, in order to effect an appeal and stay the judgment appealed from upon appeal from the justice’s court, an undertaking on appeal must be given for $100, to cover costs of appeal, and in an additional sum equal to twice the amount of the judgment including costs.</p> <p>3. Where an undertaking on appeal is not given to cover the costs of the appeal from the justice’s court to the district court, on motion, the appeal will be dismissed.</p> <p>4. Where it clearly appears from the face of an undertaking that it was the intention of the appellant to give a bond in double the amount of the judgment and costs, for the purpose of staying the judgment, such undertaking will not be considered sufficient as an undertaking on appeal.</p> <p>5. Where an undertaking on appeal, from a justice's court to the district court, is signed by a surety company, and exceptions to the surety are filed, under the provisions of see. 4842 of the Rev. Stat., such surety company is required to justify within the time and upon notice, as prescribed in such section.</p> <p>6. The presentation and filing with such justice of the notice or a certified copy thereof, given by the state insurance commissioner to the county recorder of the several counties of the state, certifying that such company is qualified, under the laws of this state, to do business, is a sufficient justification under the statute.</p> <p>(Syllabus by the court.)</p>