Haas v. Teters

• Decision Date: 13 January 1911
• Citation: 19 Idaho 182,113 P. 96
• Parties: SAM HAAS et al., Respondents, v. A. R. TETERS, Appellant
• Court: Idaho Supreme Court

113 P. 96

19 Idaho 182

SAM HAAS et al., Respondents, v. A. R. TETERS, Appellant

Supreme Court of Idaho

January 13, 1911

JUDGMENT - APPEAL FROM - BILL OF EXCEPTIONS - JUDGMENT-ROLL - WHAT IT MUST CONTAIN.

(Syllabus by the court.)

1. Where an appeal is taken from the judgment on the judgment-roll alone, and where the defendant has answered (subd. 2 of sec. 4456, Rev. Codes, as amended by Sess. Laws 1909, p. 76), the judgment-roll consists of the pleadings, a copy of the verdict of the jury or the findings of the court or referee, a copy of any order made on demurrer or relating to a change of parties, and a copy of the judgment. Bills of exception are not made a part of the judgment-roll.

2. Under the provisions of sec. 4818, Rev. Codes, on an appeal from a final judgment the appellant is required to furnish the court with a copy of the notice of appeal, of the judgment-roll and of any bill of exceptions or statement in the case upon which the appellant relies; hence a bill of exceptions found in the transcript is properly there when appellant relies on it upon his appeal.

3. Held, that no reversible error appears on the face of the transcript.

APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge.

Action to recover on book accounts for goods, wares and merchandise sold and delivered. Judgment for plaintiff. Modified.

Modified and remanded, with instructions, Costs of this appeal awarded to the appellants.

Geo. W Lamson, for Appellant.

Griffiths & Griffiths and J. A. Elston, for Respondents.

Counsel cite no authorities on points decided.

SULLIVAN J. Stewart, C. J., concurs.

OPINION

SULLIVAN, J.

This action was brought upon five causes of action for goods, wares and merchandise sold and delivered in the state of Arkansas. The allegation of the complaint as to the sale and delivery of the goods and the amount still due was denied in the answer upon information and belief, and the allegation that the defendant removed from the state of Arkansas to the state of Idaho on or about the month of September, 1904, and has resided in the state of Idaho ever since, was denied by appellant, and he averred that he removed from Helena, Arkansas, to the state of Idaho on or about the day of June, 1904, and has since been a resident of the state of Idaho. Upon the issues thus made the case was tried by the court without a jury and finding of facts made and judgment entered in favor of the plaintiff in the sum of $ 2,900.99, with interest and costs. The appeal is from the judgment.

There are no errors assigned in the brief. The record shows that the judgment was made and entered on the 23d day of November, 1909, and the notice of appeal was served on the 21st day of February, 1910. It thus appears that the appeal was not taken within sixty days after the judgment was entered, and the case is for determination on the judgment-roll alone.

The record contains a paper entitled "Defendant's Statement and Bill of Exceptions on Appeal." This paper contains the evidence of several witnesses and embodies also the rulings of the court upon several questions raised during the trial. But it is contended by counsel for respondent that said paper is no part of the judgment-roll on this appeal and he cites in support of his contention sec. 4456, Rev. Codes, as amended by Session Laws 1909, p. 76. Under subd. 2 of said section before it was amended, the judgment-roll in this class of cases consisted of the pleadings, a copy of the verdict of the jury or findings of the court or referee, all bills of exceptions taken and filed and a copy of any order made on demurrer or relating to a change of parties, and a copy of the judgment, etc. Under the amendment of 1909, bills of exceptions are omitted and are now no part of the judgment-roll under that subdivision. Said section...