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LOWER PAYETTE DITCH CO. v. SMITH

No. 7841.

254 P.2d 417 (1953)

LOWER PAYETTE DITCH CO. v. SMITH et al.

Supreme Court of Idaho.

March 3, 1953.

Attorney(s) appearing for the Case

Donart & Donart, Weiser, C. Ben Martin and J. F. Martin, Boise, for appellants.

Welker & Daniel, Payette, Hallock, Banta, Silven & Horton, Baker, Or., for respondent.

GIVENS, Justice.

The day of the initial setting of this case in this Court, December 10, 1952, respondent moved to dismiss the appeal because appellant W. J. Smith died November 12 and no substitution had been made. No representative had then been appointed. The setting was, therefore, vacated and the cause continued — the only immediate exigency. Cambon Bros. v. Suthon, 148 La. 669, 87 So. 512. Upon the appointment, in

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