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BERNARD v. ROBY

No. 16267.

733 P.2d 804 (1987)

112 Idaho 583

Shane BERNARD and Joyce Bernard, husband and wife, Plaintiffs-Respondents, v. Delbert ROBY and Jane Doe Roby, husband and wife, and the Marital Community Comprised Thereof, Defendants-Appellants.

Court of Appeals of Idaho.

February 13, 1987.

Attorney(s) appearing for the Case

Lance D. Churchill (argued) and Laurence M. Bogert, Churchill & Vanderboegh, Boise, for defendants-appellants.

Nicholas Chenoweth and Scott L. Wayman (argued), Orofino, for plaintiffs-respondents.

WALTERS, Chief Judge.

In an action to recover damages for trespass and conversion committed through an alleged unauthorized removal of timber, a magistrate entered judgment against the defendant, Delbert Roby. Roby appealed to the district court. A district judge dismissed Roby's appeal when Roby failed to provide a transcript of the proceedings in the magistrate division. Roby now appeals from the order of dismissal, contending the

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