Steve v. Bonners Ferry Lumber Co.

Citations

• 13 Idaho 384
• 92 P. 363
• 1907 Ida. LEXIS 69

Syllabus

<p>Record on Appeal — Notice op Intention to Move por a New Trial— Order Extending Time por Preparation op Statement — Motion por New Trial — Identification op Papers Used on Motion por New Trial.</p> <p>1. Under the provisions of sections 4443 and 4820 of the Revised Statutes, notice of intention to move for a now trial is not made a part of the record on appeal from the order granting or denying the motion, and it is not necessary that such notice he incorporated in the statement unless the adverse party objects to its sufficiency for some reason, and has his objection settled and incorporated in a bill of exceptions or statement.</p> <p>2. Orders extending time for the preparation of the statement or bill of exceptions are not a necessary part of the record on appeal, and it is not neeessary that they be included in the statement on motion for a new trial.</p> <p>3. Where a trial court has passed upon a motion for a new trial, it will be presumed, in the absence of a showing to the contrary, that a proper notice of intention to make such motion had been filed and served, and that a motion for a new trial was properly made and presented to the court or judge thereof.</p> <p>4. Under the provisions of sections 4443, 4820 and 4821 of the Revised Statutes, it is essential that one who appeals from an order granting or denying a motion for a new trial should furnish the appellate court with a proper certificate identifying the papers, records, files and other matter presented to and used by the trial judge upon the hearing and consideration of sueh motion, and upon failure on the part of the appellant to furnish such certificate, his appeal from the order granting or refusing the motion mil be dismissed.</p> <p>Law or the Case — Statement not Used on Motion for New Trial — ■ Appeal prom Judgment — Statement—Bill op Exceptions— Difference in — Questions Reviewed on Appeal — Witness— Interest of — Affecting Credibility — Casualty Company Insurance — Immaterial Evidence.