Timm v. White
New Mexico Supreme Court
Appeál from District Court, De Baca County; Brice, Judge. Actions by H. F. Timm and another against John F. White and against A. J. Earickson and others. On motion to dismiss appeal.
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J.
In this case appellant filed a cost bond with the clerk of the district court, which was approved. The penalty in the bond was filed at $100. Appellees moved to dismiss the appeal because no sufficient bond was given; it being their contention that it is improper under the statute to limit the liability under such a bond, because the appellant is required to execute a bond to pay all costs which may be assessed against him. Appellees are correct in their contention, and the bond is improper in this regard, but it met with the approval of the clerk of the…
2Cases cited1 opinion
- Bank of Commerce of Taiban v. DuckworthNew Mexico Supreme Court · 1920
3Cited by2 opinions
- Price v. Van LintNew Mexico Supreme Court · 1941
- D. M. Miller & Co. v. SleaseNew Mexico Supreme Court · 1925