First National Bank v. Payette Milling Co.

Idaho Supreme Court

First National Bank v. Payette Milling Co.

212 P. 1116, 36 Idaho 612, 1923 Ida. LEXIS 7

DecidedFebruary 5, 1923

StatusPublished

This text of 212 P. 1116 (First National Bank v. Payette Milling 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.

Bluebook

First National Bank v. Payette Milling Co., 212 P. 1116, 36 Idaho 612, 1923 Ida. LEXIS 7 (Idaho 1923).

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Opinion

MCCARTHY, J.

The appeal in this case was perfected May 31, 1918. In February, 1922, respondent moved to dismiss the appeal on the ground the transcript had not been filed in this court, which motion was denied. The motion has not been renewed. The case was reached on the calendar and set for hearing January 22, 1923. Although nearly five years have elapsed since the perfecting of the appeal, and nearly one year since the matter was called to appellant’s attention by motion to dismiss, the transcript has not been filed and the appellant has made no showing to excuse it. Under these circumstances we conclude that the case should be finally disposed of. Since appellant has made no showing that the judgment should be reversed or modified, it should be and is affirmed, with costs to respondents.

Dunn and William A. Lee, JJ., concur.

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MCCARTHY, J.

The appeal in this case was perfected May 31, 1918. In February, 1922, respondent moved to dismiss the appeal on the ground the transcript had not been filed in this court, which motion was denied. The motion has not been renewed. The case was reached on the calendar and set for hearing January 22, 1923. Although nearly five years have elapsed since the perfecting of the appeal, and nearly one year since the matter was called to appellant’s attention by motion to dismiss, the transcript has not been filed and the appellant has made no showing to excuse it. Under these circumstances we conclude that the case should be finally disposed of. Since appellant has made no showing that the judgment should be reversed or modified, it should be and is affirmed, with costs to respondents.

Dunn and William A. Lee, JJ., concur.

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Bluebook (online)

212 P. 1116, 36 Idaho 612, 1923 Ida. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-bank-v-payette-milling-co-idaho-1923.