2 P. 718 | Idaho | 1882
In the matter of the motion to dismiss the appeal taken by the board of county commissioners of Alturas county, Idaho territory, from the judgment of the district court of the second judicial district in and for said county of Al-turas, entered in the records of said court on the third day of November, 1881. It appears from the record in this cause that
Clearly, it is not the duty of this court to give the words of a statute any other meaning than is expressed by their legal signification. It is not the duty of this court, nor has it the
The appeal of the respondent in this court was taken from the order of the board in accordance with the sections above set forth, and the cause was heard in the district court on said appeal. We think it must be held that said action was commenced when the notice of appeal was filed with the clerk of the board of county commissioners; that the order of the board of county commissioners is a constituent and necessary part of this cause, and the foundation of the action. All the proceedings until the appeal was perfected were had before the board of county commissioners, or with the clerk of said hoard. An appeal from the order of the board of commissioners necessitates such an order by the board as a priority to the appeal and the foundation thereof. In an action or special proceeding commenced in the district court it will be found that the papers which commenced the action are always placed on file in said district court with the clerk thereof; and it is never an appeal from a judgment, order, or decision of any other court, tribunal, or board whatever. The ordinary and legal signification of the word “appeal” indicates that there has been an order, judgment, or decision by some inferior board or tribunal. We think it must be held that this cause or proceeding was commenced before the board of county commissioners, and therefore does-not come under the first clause of section 642. The second clause of said section allows appeals from the judgments rendered by inferior
Parties deeming themselves aggrieved by the judgment of the district court are not without a complete remedy. Writs of error, aided by bills of exceptions, have for six centuries, under the common law, furnished a complete and perfect means of bringing causes from an inferior court to the appellate court for review, and for the correction of errors, if any there be. All the virtues of this ancient and complete remedy are at the service of the people of this territory.
We think this appeal, not being allowed by the statute, should be dismissed; and it is dismissed.