260 P. 431 | Idaho | 1927
Lead Opinion
Respondent moved to dismiss the appeal on the ground that the appeal bond was not signed by a resident agent and that the surety company, under C. S., sec. 5108, was disqualified as such because it had failed to pay a judgment.
Appellant contends that the exceptions, not having been taken within twenty days of the filing of the first bonds, came too late. (C. S., sec. 7544.) Such section applies only to insufficient or defective bonds, a distinction having been made by this court between such and void bonds. (Spokane C. L. Co.v. Crane Creek S. Co.,
Appellant also contends that the motion may not, under rule 48, be considered because not filed at least one day before the argument. This rule, by the exception therein contained, does not apply to jurisdictional matters (Brockman v. Hall,
A bond must be signed by a resident agent and, when objection is made on the ground that it is not so signed, the duty devolves upon appellant to show proof of authority. (Gonzaga University v. Masini, ante, p. 113,
Taylor and T. Bailey Lee, JJ., concur.
Wm. E. Lee, C. J., dissents.
Addendum
Rehearing denied. *756