Brebner v. Western Pine Manufacturing Co.
This text of 23 P.2d 723 (Brebner v. Western Pine Manufacturing Co.) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Respondent has moved to dismiss the appeal of the Western Pine Manufacturing Company upon the ground that the undertaking on appeal was not filed within five days after the service of the notice of appeal. The notice of appeal was served July 26, 1932, and the undertaking on appeal was filed August 2, 1932. Section 11-202, I. C. A., provides that an ‘ ‘ appeal is ineffectual for any purpose unless within five days after service of the notice of appeal, an undertaking be filed, or a deposit of money be made with the clerk, .... or the undertaking be waived by the adverse party in writing.” The undertaking was not waived and there was no deposit of money. The requirements of the foregoing statute are mandatory and jurisdictional, and failure of compliance therewith gives this court no jurisdiction to entertain the appeal, and the same must be dismissed. (McMillan v. Sproat, 47 Ida. 724, 278 Pac. 224, and cases therein cited.)
Costs to respondent.
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Cite This Page — Counsel Stack
23 P.2d 723, 53 Idaho 314, 1933 Ida. LEXIS 133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brebner-v-western-pine-manufacturing-co-idaho-1933.