Hubert v. American Surety Co.
New Mexico Supreme Court
Appeal from District Court, Eddy County, Richardson, Judge. Action by P. E. Hubert, receiver, against the American Surety Company. Judgment for defendant, and plaintiff appeals.
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Appeal from District Court, Eddy County, Richardson, Judge. Action by P. E. Hubert, receiver, against the American Surety Company. Judgment for defendant, and plaintiff appeals. No cost bond having been filed with the District Court for appeal as provided by Section 15 of the Appellate Act, said appeal failed, and this Court has no jurisdiction of said cause, nor did it ever acquire jurisdiction of said cause, and the appellant now has the right to apply for a new appeal or sue out a writ of error. Hernandez v. Roberts, 173 Pac. 1034; Acequia Madre v. Meyer, 17 N. M. 371; Daley v. Foster, 17…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, J.
On the 31st day of May, 1918, upon application of the appellant, an order was entered in the district court of Eddy county granting appellant an appeal to the Supreme Court. Appellant filed no cost bond as required by section 15, c. 43, Laws 1917. On the 16th day of October, 1918, appellee filed, in this court, a motion to docket and affirm the judgment of the lower court under the provisions of section 22 of said chapter 43, Laws 1917. On the same day, but after the motion to docket and affirm had been filed, appellant filed a motion asking this court to…
2Cases cited2 opinions
- Abeytia v. SpiegelbergNew Mexico Supreme Court · 1915
- Hernandez v. RobertsNew Mexico Supreme Court · 1918
3Cited by4 opinions
- Cook v. Mills Ranch-Resort Co.New Mexico Supreme Court · 1926
- Alamogordo Improvement Co. v. PalmerNew Mexico Supreme Court · 1923
- Hunker v. VeederNew Mexico Supreme Court · 1927
- Veeder v. VeederNew Mexico Supreme Court · 1925