M. J. Faggard & Co. v. Cunningham
New Mexico Supreme Court
Appeal from the District Court of Eoosevelt County; John T. McClure, District Judge; It is not necessary to enter an appearance in the Justice Court in order to be entitled to appeal to the District Court. Eight to appeal from the Justice Court. C. L. 1897, secs. 3305, 3306, 3307, 3308, 3309, 3365, and 3317; Douthit v. Bailey,. 14 N. 'M. 534, 99 Pae. 342; 6 Ene.
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Appeal from the District Court of Eoosevelt County; John T. McClure, District Judge; It is not necessary to enter an appearance in the Justice Court in order to be entitled to appeal to the District Court. Eight to appeal from the Justice Court. C. L. 1897, secs. 3305, 3306, 3307, 3308, 3309, 3365, and 3317; Douthit v. Bailey,. 14 N. 'M. 534, 99 Pae. 342; 6 Ene. PI. & Pr. 227; St. Louis & S. E. E. E. Co. v. Couch, (Olda.) 114 Pac. 694. The District Court is not a court for the correction of errors committed in the trial of cases in the Justice Court, where such Justice Court has original…
1Opinion of the Court
OPINION OF THE COURT.
EOBEETS, C. J.
A default judgment was. entered against appellant by a Justice of the Peace in precinct No. 1, Eoosevelt County, from which he appealed to the District Court. In that court a motion was interposed to dismiss the appeal, upon the ground that no appeal could be taken from a default judgment, entered by a Justice of the Peace, which was sustained. The sustaining of this motion presents the only question for review.
Section 3305, C. L. 1897, provides:
"Any person aggrieved by any judgment rendered by any Justice of the Peace, may appeal by himself, his agent or…
2Cases cited3 opinions
- Clendenning v. Crawford & McLaughlinNebraska Supreme Court · 1878
- Whipple v. Southern Pacific Co.Oregon Supreme Court · 1899
- State v. OliverWashington Supreme Court · 1895
3Cited by4 opinions
- State v. BallNew Mexico Supreme Court · 1986
- State Ex Rel. Heron v. District Court of First Judicial Dist.New Mexico Supreme Court · 1942
- M. B. Goldenberg Co. v. El Paso & S. W. Co.New Mexico Supreme Court · 1917
- State v. BallNew Mexico Supreme Court · 1986