Llewellyn v. First State Bank
New Mexico Supreme Court
Error to District Court, Doña Ana County; Medler, Judge. Action by M. O. Llewellyn against the First State Bank of Las Cruces and others. There was a judgment for the latter, and the former brings error. STATEMENT OF FACTS.
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Error to District Court, Doña Ana County; Medler, Judge. Action by M. O. Llewellyn against the First State Bank of Las Cruces and others. There was a judgment for the latter, and the former brings error. STATEMENT OF FACTS. On April 8, 1916, pursuant to proceedings theretofore had, the district court of Doña Ana county, N. ÍVL, rendered judgment for $64,298.11, in favor of plaintiff in error, M. O. Llewellyn, for the use and benefit of the state of New Mexico, against W. N. Hager, T. R. H. Smith, and others. The judgment directed the issuance of execution, from which judgment the defendant…
1Opinion of the Court
OPINION OF THE COURT.
BJANNA, J.
(after stating the facts as above.) — The sole question for determination is whether or not the suing out of an appeal without tire giving of a supersedeas bond operates to stay execution for a period of 60 days, within which time, under the provisions of section 4485, Code 1915, appellant or plaintiff in error may file a supersedeas bond which operates to stay proceedings in such case until the same is finally determined upon such appeal or writ of error in the Supreme Court. Section 4485 reads as follows:
“There shall be no supersedeas or stay of execution upon…
2Cited by3 opinions
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- Davidson v. ConleyNew Mexico Supreme Court · 1929
- Board of Education v. State Board of EducationNew Mexico Supreme Court · 1964