Abo Land Co. v. Dunlavy
New Mexico Supreme Court
Appeal from District Court/ Torrance- County; Ed Mechem, Judge. Action by the Abo Land Company against James P. Dunlavy and others. Judgment for defendants, and plaintiff appealed. The appeal was dismissed, and plaintiff moves to set 'aside the order and for a reinstatement .of the cause. '
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J.
The transcript of record in' this cause was filed in the office of' the clerk of this court on August 23, 1920, and thereafter, on September 7, 1920, appellant filed its brief on the merits. Thereafter appellee filed a motion to dismiss the appeal because no cost bond was filed within 30 days, as required by section 15, c. 43, Laws 1917. This section provides that, where a cost bond is not filed within 30 days after the allowance of the appeal, the appeal shall fail, and this court held in the case.of Hernandez v. Roberts, 24 N. M. 253, 173 Pac. 1034, that…
2Cases cited1 opinion
- Hernandez v. RobertsNew Mexico Supreme Court · 1918
3Cited by2 opinions
- Baca v. CeballosNew Mexico Court of Appeals · 1970
- Hunker v. VeederNew Mexico Supreme Court · 1927