Rosenbaum v. Small

Idaho Supreme Court
Rosenbaum v. Small, 4 Idaho 423 (Idaho 1895)
40 P. 54; 1895 Ida. LEXIS 33
Huston, Morgan, Sullivan

Rosenbaum v. Small

Opinion of the Court

HUSTON, J.

This is an appeal from the same judgment and like order overruling motion for a new trial as the two preceding cases against the same defendants. (Schiller v. Small, ante, p. 422, 40 Pac. 53; Peters v. Small, ante, p. 422, 40 Pac. 53.) The decree was entered June 27, 1893, and notice of appeal filed on June 29, 1894, and served on July 21, 1894. The appeal net having been taken within the time prescribed by statute, to wit, one year, this court has no jurisdiction to hear it.. Appeal dismissed, with costs to respondents.

Morgan, C. J., and Sullivan, J., concur.

Reference

Full Case Name
ROSENBAUM v. SMALL
Status
Published
Syllabus
Appeal, not Taken in Time- — No Jurisdiction. — Where an appeal is not taken within the time prescribed by statute, the court acquires no jurisdiction to hear it.