Gomez v. Ulibarri
New Mexico Supreme Court
Appeal from District Court, Rio Arriba, County; E. C. Abbott, Judge. Action by P. J. Gomez against José Dario Ulibarri. Judgement for plaintiff and defendant appeals. On mo- • tion to dismiss appeal.
1Opinion of the Court
OPINION OP THE COURT.
HANNA, C. J.
The appellee, P. J. Gomez, has moved to dismiss this appeal on two grounds. One is that the appeal was taken from an interlocutory order, and that the appeal has not been perfected as required in such cases. The other is that the record fails to show that the appeal was taken in open court; hence the appellant was required to have citation issued and served, which he did not do.
The first question needs but little discussion. It is contended that because the assignments of error are directed principally to the action of the court in making certain orders, which…
Also in this document: Concurrence.
2Cases cited11 opinions
- Fullen v. FullenNew Mexico Supreme Court · 1915
- Ex parte Branch & Co.Supreme Court of Alabama · 1879
- Hobart v. HobartSupreme Court of Iowa · 1877
- State v. VicknairSupreme Court of Louisiana · 1906
- Childers v. LahannNew Mexico Supreme Court · 1914
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