(DOWNLOAD) "Margaret J. Nichols v. Cecil E. Knowles" by Supreme Court of Idaho No. 9338 " eBook PDF Kindle ePub Free
eBook details
- Title: Margaret J. Nichols v. Cecil E. Knowles
- Author : Supreme Court of Idaho No. 9338
- Release Date : January 29, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Appellant by her notice of appeal purported to appeal to this court from the trial court's order denying her motion for new trial and also from the final judgment. Respondent moved to dismiss the appeal from the trial court's order denying the motion for new trial on the ground that appellant's undertaking on appeal applied only to the appeal taken from the judgment, and not to the appeal from the order denying the motion for new trial. Pertinent portions of the undertaking on appeal recite: ""Whereas the plaintiff in the above-entitled action is about to appeal to the Supreme Court of the State of Idaho, from a judgment entered against plaintiff in said action, in favor of the defendant in said action on the 18th day of February, 1963: * * *"" This court in Jordan v. Jordan, 75 Idaho 512, 517, 275 P.2d 669, considered the requirements of I.C. §§ 13-202 and 13-203, and their application to an undertaking which referred only to the judgment appealed from and not to orders subsequent to judgment, as in the instant case, and stated: