Richardson v. Ruddy

Citations

• 10 Idaho 151
• 77 P. 972
• 1904 Ida. LEXIS 39

Syllabus

<p>Dismissal of Appeal — Continuance:—Application foe — Contract— Partition of Peal Estate.</p> <p>1. Under the provisions of subdivision 3 of section 3807 of the Revised Statutes, if an appeal from an interlocutory judgment is not taken within sixty days after such judgment is entered, the same will be dismissed on motion.</p> <p>2. The action of the trial court in denying the motion for a continuance will not be reversed unless it appears that the court in denying such motion has abused its discretion.</p> <p>3. In a suit for the partition of real estate among several' parties, if it appears to the court that it is impracticable. or inconvenient to make a complete partition in the first instance among all the parties to the suit, the court may direct a partition among-two or more of the parties and from time to time thereafter may determine as to the other’s rights, shares and interests, and render-a further judgment directing a partition, in like mann.er, of all the undetermined parts and portions of the property.</p> <p>(Syllabus by the court.)</p>