Numbers v. Rocky Mountain Bell Telephone Co.

Citations

• 7 Idaho 408
• 63 P. 381
• 1900 Ida. LEXIS 69

Syllabus

<p>Appeal Prom Jüstége Court — Undertaking on Appeal. — On appeal from a justice court to the district court, respondent excepted to the sufficiency of the sureties; within five days thereafter, appellant filed a new undertaking on appeal, in lieu of-the original, executed by a surety company, but did not give the-respondent notice of the filing of said new undertaking, and failed to file with said new undertaking documentary evidence showing that the surety company had complied with the provisions of the act of February 23, 1899, authorizing such surety companies to execute such undertakings. Held, that such appeal to-the district court was ineffectual, and was properly dismissed by the district court on motion.</p> <p>Exceptions fob Insufficiency — Bond of Surety Company — Notice. — When an undertaking on appeal from a justice’s judgment to the district court is excepted to on the ground of insufficiency, the appellant may, in lieu of justification of sureties, file the undertaking of a surety company, but such undertaking must he accompanied with documentary evidence showing, prima facie, that such surety company has qualified to do business in Idaho, by complying with the requirements of the act of February 23, 1899, and that the execution of such undertaking has been authorized by the surety company, executed by agents or officers authorized to execute it and notice of filing such undertaking and evidence given to the respondent.</p> <p>(Syllabus by the court.)</p>