D. M. Miller & Co. v. Slease

OPINION OF THE COURT

WATSON, J.

By skeleton transcript filed May 11, 1925, it appears that on February 25, 1925, there was filed in the office of the clerk of the district court a judgment in favor of plaintiffs, concluding as follows:

“ * * * To all of which defendants * * * duly except, and pray an appeal in open court, which said appeal is hereby granted.

“Done at Hillsboro, N. Mex., this 5th day of February, 1925.”

On such skeleton transcript, plaintiffs move to docket and affirm, on the ground of failure to perfect the appeal by the filing of transcripts within 80 days after taking of the…