Maple v. Williams

Citations

• 15 Idaho 642
• 98 P. 848
• 1908 Ida. LEXIS 128

Syllabus

<p>Motion to Dismiss Appeal — Appealable Order.</p> <p>1. Under the provisions of sec. 9, art. 5, of the state constitution, the supreme court has jurisdiction to review upon appeal any decision of the district courts or the judges thereof; but that provision, does not authorize a direct appeal from every decision of the district courts or the judges thereof.</p> <p>2. Under the provisions of see. 4824, Bev. Stat., upon an appeal from a judgment, the court may review the verdict or decision and any intermediate order or decision if excepted to, which involves the merits or necessarily affects the judgment, except a decision or order from which an appeal might have been taken.</p> <p>3. Subd. 3 of sec. 4807, specifies from what orders an appeal may be directly taken, and all orders or decisions not therein, specified may be reviewed on an appeal from the judgment.</p> <p>(Syllabus by the court.)</p>