Jackman v. Atchison, T. & S. F. Ry. Co.
New Mexico Supreme Court
Appeal from District Court, Dona Ana County; Medler, Judge. . Action by Koyal Jackman against the Atchison, Tbpeka & Santa Fe Kailway Company. Judgment for defendant, and plaintiff appeals. Appeal should be dismissed, because no move had been made by appellant towards taking of an appeal prior to time c. 77, Laws 1915, became effective.
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Appeal from District Court, Dona Ana County; Medler, Judge. . Action by Koyal Jackman against the Atchison, Tbpeka & Santa Fe Kailway Company. Judgment for defendant, and plaintiff appeals. Appeal should be dismissed, because no move had been made by appellant towards taking of an appeal prior to time c. 77, Laws 1915, became effective. C. 77, Laws 1915; Sec. 4471, Code 1915; Sec. 34, Art. 4, Const.; Wilson v. Kryger, 51 L. K. A. (N S.) 760; Sanders v. Mbore, 14 Bush. 97; Moss v. Hall, 1 Ky. L. 280. Appellant had one year to perfect appeal. Sec. 4470, Code 1915; Sec. 4471, Code 1915; c. 77,…
1Opinion of the Court
OPINION OF THE COURT.
HANNA, C. J.
[1] Appellee has moved to- dismiss this appeal upon two grounds, namely, that citation was not issued within the period of one year from and after the rendition of the judgment, the record not showing that the appeal was taken in open court, and that the order granting the appeal was made more than six months after section 1 of chapter 77 of the Laws of 1915 had become effective. This statute shortened the time of appeal from one year to six months after the date of the final judgment.
The memorandum filed by appellee fails to disclose any case holding that…
2Cases cited11 opinions
- Pignaz v. BurnettCalifornia Supreme Court · 1897
- Melde v. ReynoldsCalifornia Supreme Court · 1898
- Rankin v. SchofieldSupreme Court of Arkansas · 1902
- Rolater v. StrainSupreme Court of Oklahoma · 1911
- City of Davenport v. D. & St. P. R.Supreme Court of Iowa · 1873
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3Cited by4 opinions
- Cook v. MasseyIdaho Supreme Court · 1923
- Davis v. RobinsonSupreme Court of Iowa · 1925
- Berliner & Schnitzer v. RobertsOregon Supreme Court · 1960
- Gomez v. UlibarriNew Mexico Supreme Court · 1917