State Bank of Clarkston v. Watson

• Decision Date: 19 April 1915
• Citation: 27 Idaho 211,148 P. 470
• Parties: STATE BANK OF CLARKSTON, a Corporation, Respondent, v. JAKE G. WATSON et al., Appellants
• Court: Idaho Supreme Court

148 P. 470

27 Idaho 211

STATE BANK OF CLARKSTON, a Corporation, Respondent, v. JAKE G. WATSON et al., Appellants

Supreme Court of Idaho

April 19, 1915

NOTICE OF APPEAL-SERVICE OF-ADVERSE PARTIES.

1. Under the provisions of sec. 4808, Rev. Codes, the notice of appeal must be served upon every party to the action not appealing whose interests might be affected by the reversal or modification of the judgment, irrespective of whether they are plaintiffs, defendants or intervenors.

APPEAL from the District Court of the Second Judicial District, in and for Latah County. Hon. Edgar C. Steele, Judge.

Motion to dismiss appeal granted.

Motion sustained and appeal dismissed. Costs awarded to respondent.

Forney & Moore, for Appellants.

Geo. W. Tannahill, for Respondent.

Counsel file no briefs on motion to dismiss.

SULLIVAN, C. J. Budge and Morgan, JJ., concur.

OPINION

SULLIVAN, C. J.

This action was brought to enforce the collection of a certain promissory note secured by mortgage. A judgment and decree was entered in favor of plaintiff and against the defendants. The appeal is from the judgment.

In limine, we are met with a motion to dismiss the appeal on the ground that the notice of appeal was not served on defendants Riley Clemans and Maud Clemans. Since it appears from the record that said defendants are adverse parties and their interest would be affected by a modification or reversal of the judgment, the motion must be sustained and the appeal dismissed.

This court has often held under the provisions of sec. 4808, Rev. Codes, that notice of appeal must be served on all adverse parties or their attorneys. (Titiman v. Alamance M. & M. Co., 9 Idaho 240, 74 P. 529; Diamond Bank v. Van Meter, 18 Idaho 243, 108 P. 1042; Miller v. Wallace, 26 Idaho 373, 143 P. 524; Kissler v. Moss, 26 Idaho 516, 144 P. 647; Chapman v. Boehm, 27 Idaho 150, 147 P. 289.)

Said motion must be sustained and the appeal dismissed. Costs awarded to respondent.

Budge and Morgan, JJ., concur.