United States v. Sena
New Mexico Supreme Court
Appeal from the district court of the First Judicial District before John R. McFie, Associate Judge. This appeal was duly taken January 5, 1903, within one year from the date of the final judgment of the district court. Laws of N. M'. of 1901, ch. 99. Not being taken thirty days before the first day of January term, 1903, the appeal was returnable at January term, 1904. Comp. Laws 1897, sec. 3140; Sec. 896, C. L. 1897; Blyen v. U. S., 13 Wall. 595; Eng. and Am. Ency.
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Appeal from the district court of the First Judicial District before John R. McFie, Associate Judge. This appeal was duly taken January 5, 1903, within one year from the date of the final judgment of the district court. Laws of N. M'. of 1901, ch. 99. Not being taken thirty days before the first day of January term, 1903, the appeal was returnable at January term, 1904. Comp. Laws 1897, sec. 3140; Sec. 896, C. L. 1897; Blyen v. U. S., 13 Wall. 595; Eng. and Am. Ency. (2 Ed.), 750, case and notes; Gurnee v. Patrick Co., 137 U. S. 141; Bailroad v. Grant, 98 IT. S. 398, 401, 402; Green v. Busk,…
1Opinion of the Court
OPINION OF THE COURT.
BAKER, J.
1 Had the district judge authority to sign the bill of exceptions in this case? Section 10 of the organic act provides: “Writs of error, bills of exceptions and appeals shall be allowed in all cases, from the final decision of said district court to the Supreme Court, under such regulations as may be provided by law.” The Territory has provided for appeals in criminal cases as follows: Sec. 3406, Compiled Laws 1897: “In all cases of final judgment, rendered upon any indictment, an appeal to the supreme court shall be allowed, if applied for during the term at…
Also in this document: Concurrence.
2Cases cited5 opinions
- Ex Parte McCardleSupreme Court of the United States · 1869
- United States v. Heirs of BoisdoréSupreme Court of the United States · 1849
- Railroad Co. v. GrantSupreme Court of the United States · 1879
- Insurance Co. v. RitchieSupreme Court of the United States · 1867
- De Lemos v. United StatesCourt of Appeals for the Fifth Circuit · 1901