El Paso Electric Co. v. Milkman

MOISE, Justice.

Involved in this case is the single question of whether or not under the provisions of § 22-9-8, N.M.S.A.1953, a defendant in a condemnation action is entitled to appeal to the district court from the order and confirmation provided for in § 22-9-6, N. M.S.A.1953, and obtain a trial de novo therein as other civil causes are tried, without first having filed exceptions to the report of commissioners filed pursuant to l^said § 22-9-6.

The pertinent parts of the two sections in question réad as follows:

22-9t-6. . “Upon the filing of such i report of said commissioners, the clerk of…