Lydon v. Piper

Citations

• 5 Idaho 541
• 51 P. 101
• 1897 Ida. LEXIS 40

Syllabus

<p>Striking Out Bill of Exceptions. — The action of the trial court in striking from the files a bill of exceptions which was proposed and served after the time allowed by law, and after the time stipulated by the parties in which exceptions taken at the trial might be incorporated into a bill of exceptions, and which bill of exceptions was settled by the trial judge the day it was proposed and served, affirmed.</p> <p>Stipulations as to Service of Bill of Exceptions. — When parties by stipulation agree that either party have “sixty days after the rendition of the decision” in which to prepare and serve a bill of exceptions, such stipulation is a waiver by both parties of notice of rendition of the judgment, and the bill of exceptions must be proposed and served within sixty days from the date of entering judgment, unless the time therefor be properly extended.</p> <p>Bill of Exceptions, When Improperly Settled. — The trial court can properly make an order striking from the files a bill of exceptions improperly settled, for the reason that it was proposed and served after the time in which such bill of excéptions could be legally proposed and served had expired, on a proper application made prior to filing transcript on appeal in the appellate court.</p> <p>(Syllabus by the court.)</p>