· 6/15/1904

Moe v. Harger

Citations

  • 10 Idaho 194
  • 77 P. 645
  • 1904 Ida. LEXIS 35

Syllabus

<p>’Appeals — When wili. be Dismissed — Jurisdictional Question.</p> <p>1. An appeal is not taken until the notice thereof is filed and served, both of which acts must be done within the statutory time,</p> <p>2. The taking of an appeal is a jurisdictional question, and the-court has no power to extend the time therefor, or. to cure any defect therein. - .</p> <p>3. On an appeal from the judgment, where the same has not been taken within sixty days after the rendition thereof, the appellate court cannot examine* the evidence for the purpose of ascertaining whether or not it supports the decision or verdict. '</p> <p>(Syllabus by the court.)</p>

Judges: Ailshie, Hearing, Stockslager, Sullivan, Took

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