COMMON SCHOOL DIST. NO. 58 v. LUNDEN

No. 7744.

233 P.2d 806 (1951)

COMMON SCHOOL DIST. NO. 58 OF KOOTENAI COUNTY et al. v. LUNDEN. et al.

Supreme Court of Idaho.

July 17, 1951.


Attorney(s) appearing for the Case

Robert E. Smylie, Atty. Gen., J. N. Leggat, Asst. Atty. Gen., Elder, Elder & Smith, Wm. D. McFarland, Coeur d'Alene, for appellants.

Robert McFadden, Plummer, Carl M. Buell, Cope R. Gale, St. Maries, for respondents.


TAYLOR, Justice.

On the day this cause was argued, respondents filed a motion to dismiss the appeal on the ground that the transcript does not contain or show proof of service of notice of appeal, required by § 13-202, I.C. Appellants suggested augmentation to include an affidavit of service originally filed with the clerk of the district court, but omitted from the transcript. The proof being examined and found sufficient the augmentation is ordered, and the...

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