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MATTER OF ESTATE OF ROUCH

No. 12278.

563 P.2d 35 (1977)

98 Idaho 311

In the Matter of the ESTATE of Louise ROUCH, Deceased. TWIN FALLS BANK AND TRUST COMPANY OF TWIN FALLS, Administrator of the Rouch Foundation Trust, Petitioner-Respondent, v. The BOY SCOUTS OF AMERICA, SNAKE RIVER AREA COUNCIL, Contestant-Appellant.

Supreme Court of Idaho.

Rehearing Denied May 13, 1977.

Attorney(s) appearing for the Case

J. Alfred May, of May, May, Sudweeks & Fuller, Twin Falls, for contestant-appellant.

Russell K. Kvanvig, of Plankey, Johnson, Kvanvig & Stoker, Twin Falls, for petitioner-respondent.

McFADDEN, Chief Justice.

This is an appeal from a dismissal of an appeal from the magistrate court to the district court for failure to file a cost bond. I.R.C.P. 83(h) requires a cost bond to be posted within 10 days in the sum of $300.00 or such greater amount as ordered by the district court. Without first posting a bond of $300.00, the appellant moved the district court to determine the amount of the cost bond. The district court dismissed the appeal because no...

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