Bedford v. Gem Irr. Dist., 5705
| Decision Date | 26 September 1931 |
| Docket Number | 5705 |
| Citation | 4 P.2d 366,51 Idaho 105 |
| Parties | ERNEST BEDFORD, an Incompetent, by S. BEN DUNLAP, His Guardian ad Litem, Respondent, v. GEM IRRIGATION DISTRICT, JESS HOPKINS and MARY HOPKINS, Husband and Wife, Appellants |
| Court | Idaho Supreme Court |
APPEAL AND ERROR-DIMINUTION OF THE RECORD-COURT RULES-MOOT QUESTIONS.
1. Diminution of record to supply agreement of parties subsequent to preparation of transcript, rendering issue on appeal moot, could not be granted (Supreme Court Rule 29).
2. Diminution of record is to supply something omitted from transcript, or correct error, not to supply new matter which could not have been included in transcript (Supreme Court Rule 29).
3. Where issue in appeal has become moot since appeal was taken, proper procedure is to move to dismiss.
4. Upon motion to dismiss because issue in appeal has become moot since appeal was taken, court may consider evidence outside original record.
APPEAL from the District Court of the Third Judicial District, for Owyhee County. Hon. Dana E. Brinck, Judge.
Motion in re diminution of the record. Motion denied.
Motion for diminution of the record denied.
S. Ben Dunlap and Walter Griffiths, for Respondent.
Earl E. Garrity and Scatterday & Stone, for Appellants.
Respondent seeks diminution of the record to supply an agreement made between the parties subsequent to the trial, appeal and preparation of the transcript, which agreement respondent contends has disposed of one of the issues on appeal, rendering the same moot.
Diminution of the record is to supply something omitted which should have been in the transcript, or correct an error, not to supply new matter which could, or should not have been in the transcript. (Newby v. City of St. Anthony, 48 Idaho 608, 284 P. 1028; Rule 29, Supreme Court, in effect Aug. 25, 1926.)
If an issue in an appeal has become moot since the appeal was taken, the proper procedure is to move to dismiss, and upon such motion the court may consider evidence outside the original record. (Abels v. Turner Trust Co., 31 Idaho 777, 176 P. 884.)
Motion for diminution of the record denied.
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...to such office. Normally, an appeal will be dismissed where it appears that only a moot question is involved. See Bedford v. GemIrr. Dist., 51 Idaho 105, 4 P.2d 366 (1931); Chicago, M. & St. P. Ry. Co. v. Cardwell, 42 Idaho 25, 242 P. 977 (1926); Graves v. Berry, 35 Idaho 498, 207 P. 718 (1......
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