Hubbell v. Armijo
New Mexico Supreme Court
Appeal from the District Court of Bernalillo County; FI. F. Raynolds, District Judge; Failure to obtain approval of bond is fatal to plaintiff’s right to maintain this action.
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Appeal from the District Court of Bernalillo County; FI. F. Raynolds, District Judge; Failure to obtain approval of bond is fatal to plaintiff’s right to maintain this action. Mullery v. McCann, 95 Mo. 579, 583; Richards v. McMillan, 36 Neb. 352, 357-8; MeMillin v. Richards, 45 Neb. 786, 799; Holt Co. v. Scott, 73 N. W. 681; Kreitz v. Behrensmeyer, 24 L. R. A. 59, 63; Rounds v. Mansñeld, 38 Me. 588; Rounds v. Bangor, 46 Me. 542; Andrews v. Covington, 69 Miss. 746-7; United States v. Eaton, 169 U. S. 331-334; United States v. LeBaron, 19 How. 78-79. It was essential to plaintiff’s title that…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J. —
1 Appellant failed to assign error, and serve a copy of such assignment of error on the appellee, and also failed to file a copy of such assignment of error with the clerk of the Supreme Court on or before the return day of this appeal, as required by sec. 21, chap. 57, S, L. 1907- Appellee, on the 24th of April, 1913, fiLd a motion to dismiss the appeal and affirm the judgment of the lower court, because of such failure. Four days thereafter, appellant filed a written dismissal of the appeal. The question presented is, — Has the appellant the right to…
2Cases cited1 opinion
- Acequia Madre v. MeyerNew Mexico Supreme Court · 1912