Strand v. Crooked River Mining & Milling Co.

Citations

• 23 Idaho 577
• 131 P. 5
• 1913 Ida. LEXIS 89

Syllabus

<p>Appeal — Transcript—Time oe Filing — Settlement of Reporter’s Transcript — Undertaking—Time oe Filing — Service op Transcript — Filing Praecipe por Papers — Delay.</p> <p>1. Where an order has been made by a justice of this court upon a proper showing, extending the time within which the transcript may be filed beyond the period fixed by the statute and the rules of this court, and such transcript is filed within the time prescribed by the order, the appeal will not be dismissed.</p> <p>2. Under the prolusions of see. 4434, Rev. Codes, as amended by chap. 119, Laws of 1911, p. 379, in order to review the matters contained in the stenographer’s transcript, such transcript must be settled by the judge, and when so settled has the foree and eflieet of a bill of exceptions duly settled and allowed, and will be deemed adequate to present for review any ruling appearing therein to have been excepted to; and when not so settled the same will be stricken from the transcript upon proper motion.</p> <p>3. The certificate of the clerk of 'the district court that an undertaking on appeal has been filed within the time allowed by law is sufficient when no showing is made to the contrary that the same was not filed within the time prescribed by law.</p> <p>4. Where it appears from the record on appeal that the transcript was not served upon the adverse party, and a motion is made in this court to dismiss the appeal upon the ground that such transcript was not served, said motion will be sustained, as such statute is mandatory and requires the transcript to be served.</p> <p>5. The fact that an appellant does not file a praecipe designating the papers desired to be included in the transcript with the elerk within five days, as required by see. 4820a, Rev. Codes, under an act approved February 25, 1911, Laws of 1911, p. 375, is not a ground for dismissing an appeal, where the reeord shows that the attorneys certify that the transcript does contain all the papers desired to be in