Sacramento Valley Irrigation Co. v. Lee
New Mexico Supreme Court
Error to the District Court for Otero County before Edward A. Mann and John R. McFie, Associate Justices. The judgment granting an injunction and appointing a receiver, with or without the subsequent order of sale, was a final and therefore'an appealable judgment.
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Error to the District Court for Otero County before Edward A. Mann and John R. McFie, Associate Justices. The judgment granting an injunction and appointing a receiver, with or without the subsequent order of sale, was a final and therefore'an appealable judgment. Insurance Co. v. Comstock, 16 Wall. 258; First National Bank v. 'Shedd, 121 U. S. 74; Railroad Co. v. Bradley, 7 Wall. 575; Railroad Co. v. Express Co., 108 D. S. 29; Thompson v. Dean, 7 Wall. 345; Railroad Co. v. Bradley, 7 Wall. 575; Bank v. Shelley, 140 U. S. 445, L. ed. 496; Forgey v. Conrad, 6 Plow. 204. A motion made to set…
1Opinion of the Court
OPINION OF THE COURT.
WEIGHT, J.
The defendants in error herein submit two questions for dismissal of the writ of error which must be first considered.
1. The appeal was not perfected within the time required by law.(a) Because no assignment of error was filed within the time required by law.(b) Because the transcript of the record was not filed within the time required by law.
Section 21 of Chapter 57 of the Laws of 1907, requires that the plaintiff in error shall file in the office of the clerk of the Supreme Court at least ten days before the return day of any writ of error a complete…
2Cases cited7 opinions
- Thomson v. DeanSupreme Court of the United States · 1869
- Barry v. BriggsMichigan Supreme Court · 1871
- Memphis v. BrownSupreme Court of the United States · 1877
- Railroad Co. v. BradleysSupreme Court of the United States · 1869
- Lewisburg Bank v. SheffeySupreme Court of the United States · 1891
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- FIRST NAT. BANK IN ALBUQUERQUE v. RobinsonCourt of Appeals for the Tenth Circuit · 1939
- In Re Estate of HarringtonNew Mexico Court of Appeals · 2000
- Harrington v. BanniganNew Mexico Court of Appeals · 2000
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