Mahoney v. Board of County Commissioners

Citations

• 8 Idaho 375
• 69 P. 108

Syllabus

<p>Appeals — Board op Commissioners — How Heard. — Appeals under section 1779 of the Revised Statutes, as amended by Laws of 1899, from the action of board of county commissioners to the district court, must be tried anew.</p> <p>Hew Trial. — The district court in such eases has no authority to hear or grant a motion for a new trial, and there is no appeal from an order of the court denying a new trial in such cases.</p> <p>Appeal Prom Judgment — Review of Evidence. — Under the provisions of section 4807, as amended by the Laws of 1899, an appeal may be taken from the judgment of the district court on an appeal from an order or decision or action of the board of county commissioners within ninety days after the entry of such judgment, but under the provisions of said section, an exception to the decision on the ground that it is not supported by the evidence cannot be reviewed on an appeal from the judgment, unless the appeal is taken within sixty days after the rendition of the judgment.</p> <p>(Syllabus by the court.)</p>