Medbury v. Maloney

• Decision Date: 20 November 1906
• Citation: 88 P. 81,12 Idaho 634
• Parties: H. L. MEDBURY et al., Respondents, v. JOHN MALONEY et al., Appellants
• Court: Idaho Supreme Court

88 P. 81

12 Idaho 634

H. L. MEDBURY et al., Respondents, v. JOHN MALONEY et al., Appellants

Supreme Court of Idaho

November 20, 1906

RECORD-MATTERS PASSED UPON-JURISDICTION.

1. Where the transcript fails to show the grounds of a motion passed upon by the trial court, the appellate court cannot review the action of the court upon such motion.

2. The appellate court will not pass upon and determine questions unless the record shows that such questions were passed upon and determined by the trial court, unless it be questions of jurisdiction.

(Syllabus by the court.)

APPEAL from the District Court of the First Judicial District for Kootenai County. Hon. Ralph T. Morgan, Judge.

Action on account brought before justice of the peace and appealed to the district court, where judgment was affirmed for the plaintiffs. Judgment affirmed.

Judgment of the trial court affirmed, with costs in favor of the respondents.

John A Steinlein, for Appellants.

Edwin McBee, for Respondents

Counsel cite no authorities on points decided.

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

OPINION

SULLIVAN, J.

This action was commenced before a justice of the peace in Bonners Ferry precinct, Kootenai county. The defendants, who are appellants here, appeared and moved for a change of venue on account of the bias and prejudice of the justice of the peace. Said motion was granted and the case transferred to a justice of the peace in Naples precinct in said county. Thereafter appellants filed a motion to dismiss the action on the ground that the court had no jurisdiction, for the reason that said action was not brought in the precinct where the defendants or either of them resided, or where the contract sued on was to be performed. Said motion to dismiss was denied and defendants did not further appear, but failed and refused to make any answer therein. The plaintiffs thereupon introduced evidence on their behalf, and judgment was rendered and entered in their favor for the sum of $ 104.65 and costs of suit. Thereafter the defendants served their notice of appeal and stated therein that the appeal was "taken on both questions of law and fact."

The case came on for hearing in the district court, and there is nothing in the transcript showing what occurred there except the order of the court, which is as follows:

"This cause having been heretofore argued and submitted to the court and taken under advisement, now at this time, the court being fully advised, the motion of the appellants herein to remand this cause to the justice court is hereby denied and the judgment entered herein by F. B Bond, justice of the peace of Naples precinct, on the fourth day of August, 1905, is hereby confirmed and affirmed;

"Wherefore it is ordered, adjudged and decreed that the said plaintiffs, H. L. Medbury and John O'Hogge, do have and recover of and from the said defendants John Maloney and Nellie Maloney the sum of one hundred and four dollars ($ 104), with...