Kootenai Valley Railway Co. v. Kootenai County
Idaho Supreme Court
Kootenai Valley Railway Co. v. Kootenai County, 10 Idaho 386 (Idaho 1904)
78 P. 1080; 1904 Ida. LEXIS 43
Ailshie, Stockslager, Sullivan
Kootenai Valley Railway Co. v. Kootenai County
Opinion of the Court
The facts in this case are identical with the facts as contained in the statement preceding the opinion in the ease of Great Northern Ry. Co. v. Kootenai County, ante, p. 379, 78 Pac. 1078, decided at this present term, and therefore the judgment of the lower court will be reversed for the same- reasons and on the same grounds as given in that case.
The judgment of the district court is reversed and the cause remanded, with directions to the trial court to reinstate the appeal as taken from the board of county commissioners, and permit the appellant to file such undertaking for security of costs as the judge of that court shall deem sufficient for such purpose.
Reference
- Full Case Name
- KOOTENAI VALLEY RAILWAY COMPANY v. KOOTENAI COUNTY
- Status
- Published
- Syllabus
- Appeals from Obdebs of County Commissioners — Piling Undeb-t a tit wo on Such Appeals not Jurisdictional. 1. An appeal from an order of a board of county commissioners is perfected by serving upon tbe clerk of the board a notice of appeal as required by section 1777, as amended by act of February 14, 1899 (Sess. Laws 1899, p. 248), and the giving and filing an undertaking is not jurisdictional, and the appeal should not he dismissed for a failure to give an undertaking in the absence of an order of the district judge requiring such undertaking. (Syllabus by the court.)