Moore v. Taylor

• Decision Date: 01 January 1875
• Citation: 1 Idaho 583
• Parties: C. W. Moore, Respondent, v. J. B. Taylor, Appellant.
• Court: Idaho Supreme Court

1 Idaho 583

C. W. Moore, Respondent, v. J. B. Taylor, Appellant.

Supreme Court of Idaho

January 1, 1875

STATEMENT ON APPEAL-AUTHENTICATION.-An agreement by the respective parties to an action that a certain document is the statement in the case is, substantially, an agreement that such statement is correct.

IDEM.-An intelligible and definite reference, in a statement, to papers and exhibits, by letters or numbers, as attached to and constituting a part of the statement, is sufficient without any incorporation of the same at length into the statement.

IDEM.-Where affidavits, depositions, or minutes of the court are incorporated into a statement, either in haec verba or by appropriate reference, it is unnecessary to have any further identification of them.

APPEAL from the District Court of the Second Judicial District, Ada County.

H. E Prickett and J. Brumback, for the Motion.

Alanson Smith, contra.

WHITSON J.,

delivered the opinion.

HOLLISTER, J., concurred.

This is a motion to strike out the statement, and certain other papers in the transcript, on the grounds, substantially, as follows: 1. The statement has not been sufficiently authenticated by a certificate of the parties. 2. That certain papers and exhibits, purporting to be a part of the statement, have not been incorporated into it. 3. That certain papers and exhibits have not been identified, as having been read and referred to on the hearing of the motion, by either the judge or clerk.

We think that it is sufficient authentication of a statement, if the parties certify that it is the statement in the case. It would be allowing a party to act in bad faith, after having agreed that a certain document was the statement in the case to then take advantage of such agreement on the ground that the certificate did not state that the statement was correct. By the terms of this certificate, if the statement is not correct the parties have certified falsely, for they certify that it is the statement in the case; and if not correct, it is not a true statement.

Again it is urged that the statement is a "skeleton statement," because exhibits and papers are referred to which are not contained in it. There are many exhibits and papers referred to so indefinitely and unintelligibly, that they cannot be considered as a part of the statement. In such cases they simply form no part of the statement and must be treated as though no...