Watt v. Decker

Citations

• 16 Idaho 184
• 101 P. 253
• 1909 Ida. LEXIS 35

Syllabus

<p>Motion to Dismiss Appeal — Appeal from Probate Court to District Court — Transcript on Appeal — Defective Undertaking— Void Undertaking — Amendment to Undertaking.</p> <p>1. Where an appeal is taken from the decision of the district court, dismissing an appeal from the probate court, on the ground that the appeal was not perfected within thirty days after the rendition of the judgment in the probate court, and the transcript fails to show that the appeal was perfected by filing the required undertaking on appeal within the thirty days, the order of the court will be sustained.</p> <p>2. Where the action of a court in refusing to permit the appellant to file an amended undertaking on appeal is assigned as error, and the transcript does not contain the original undertaking on appeal from the probate court, or a copy thereof, from which this court may ascertain whether or not it was capable of amendment, the decision of the trial court must be sustained.</p> <p>3. The decision of a court of general jurisdiction is presumed to-be correct until the contrary is shown.</p> <p>(Syllabus by the court.)</p>