Mahoney v. Board of County Commissioners

• Decision Date: 22 May 1902
• Citation: 69 P. 108,8 Idaho 375
• Parties: MAHONEY v. BOARD OF COUNTY COMMISSIONERS
• Court: Idaho Supreme Court

69 P. 108

8 Idaho 375

MAHONEY v. BOARD OF COUNTY COMMISSIONERS

Supreme Court of Idaho

May 22, 1902

APPEALS-BOARD OF COMMISSIONERS-HOW HEARD.-Appeals under section 1779 of the Revised Statutes, as amended by Laws of 1899, from the action of board of county commissioners to the district court, must be tried anew.

NEW TRIAL.-The district court in such cases has no authority to hear or grant a motion for a new trial, and there is no appeal from an order of the court denying a new trial in such cases.

APPEAL from District Court, Shoshone County.

Affirmed. Costs awarded to respondents.

Alfred A. Fraser and Will Shaw, for Appellants, cite no authorities upon the points decided.

W. B Heyburn, R. N. Dunn and C. W. Beale, for Respondent.

Motion to dismiss. In an action brought under the provisions of sections 1776, 1777, 1778 and 1779 of the Revised Statutes as amended by the act of February 14, 1899, the law does not permit a party against whom judgment is entered in the district court to move for a new trial; he must seek his remedy by appeal. The general rule is that where special jurisdiction is conferred upon a court or board to determine certain specified controversies, and no provision is made for the review by said tribunal of its judgments, when it has once determined the matter its jurisdiction is exhausted. (Belser v. Hoffschneider, 104 Cal. 455, 38 P. 312.) In special proceedings, of which this is one, the courts do not derive their jurisdiction from common law, but from special statutes giving jurisdiction in special cases. This special authority being granted, it is accompanied usually by provisions for a summary and special hearing of the case. These provisions are in lieu of the general provisions relative to the trial of cases. If the statute makes the decision of the district court final, it cannot be appealed from. If the statute gives the right of appeal, then that is the only method of review. Unless the granting of the right to move for a new trial is expressly given, no such right exists. There is no right of trial by jury in special proceedings. (Bateman v. S. & S. R. R. Co., 3 Paige, 305; Matter of Beekman Street, 20 Johns. 269.) But fortunately we have a case which is almost directly in point with the case at bar. (Dorsey v. Barry, 24 Cal 449.) Motion to dismiss appeal from judgment. Section 1777 of the Revised Statutes, as amended by the act of February 14, 1899, provides that "from the decision of the district court or judge, either party may within five days appeal to the supreme court." The time within which the appeal must be taken is provided by statute, and if it is not taken within that time, the appeal must be dismissed. The statute provides that an appeal in a case of this kind must be taken within five days. Neither the court nor the parties by stipulation can extend this time. This court has passed upon the question in the cases of State v. Davis, ante, p. 115, 66 P. 932; State v. Smith, 5 Idaho 291, 48 P. 1060; State v. Dupuis, 7 Idaho 614, 65 P. 65.

SULLIVAN, J. Quarles, C. J., and Stockslager, J., concur.

OPINION

SULLIVAN, J.

This is an appeal from a judgment of the district court of Shoshone county affirming the action of the board of county commissioners of said county authorizing the sheriff to appoint eight additional deputies. On the entry of said judgment a motion for a new trial was made, and denied by the court. This appeal is from said judgment and order denying the motion for a new trial, and was perfected eighty-eight days after the entry of said judgment.

A motion was made in this court to dismiss said appeal from the order denying a new trial on the ground that in an action brought under the provisions of sections 1776-1779 of the Revised Statutes, as amended by the act of February 14, 1899, the law does not permit a party against whom judgment is entered to move for a new trial; that his...