Mundy v. Irwin
New Mexico Supreme Court
Appeal from District Court, Chayes County; Merritt C. Mechem, Presiding Judge. Motion to Dismiss Appeal. Sec. 14, Chap. 57, Sess. L. 1907; Chap. 57, Sec. 16, Sess. Acts 1907. Failure to comply with any plain statutory requirement with reference to undertaking on appeal, goes to court’s jurisdiction on subject and will necessitate dismissal. Sec. 14, Chap. 57, L. 1907; Spelling on New Trial & App. Pr., Secs- 647, 661; 134 Pac. 216; 1 Eney.
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Appeal from District Court, Chayes County; Merritt C. Mechem, Presiding Judge. Motion to Dismiss Appeal. Sec. 14, Chap. 57, Sess. L. 1907; Chap. 57, Sec. 16, Sess. Acts 1907. Failure to comply with any plain statutory requirement with reference to undertaking on appeal, goes to court’s jurisdiction on subject and will necessitate dismissal. Sec. 14, Chap. 57, L. 1907; Spelling on New Trial & App. Pr., Secs- 647, 661; 134 Pac. 216; 1 Eney. PL & Pr. 996; 15 Mich. 514; 18 Col. 241; 38 N. E. 625; 2 Cyc. 849; Haynes New Trial & Appeal (Rev. Ed.), Yol. 2, Sec. 212. Motion for Diminution of Record.…
1Opinion of the Court
OPINION.
HANNA, J.
This appeal was taken July 28th, 1913. On September, 4th, 1913, what purported to be a supersedeas bond was filed, the condition of which undertaking was as follows, to-wit:
í¿The condition of this application is such that if the said W. J. Irwin shall prosecute his said appeal with due diligence and shall pay all costs that may be adjudged against him in case, such appeal be dismissed or the decision of the District Court be void; otherwise, to remain in full force and effect.”
The statutory requirement concerning bonds of this character as set forth in Sec. 16, Chap. 57, S.…
2Cases cited3 opinions
- 4 Fidelity Building & Savings Union v. ByrdIndiana Supreme Court · 1900
- Canavan v. CanavanNew Mexico Supreme Court · 1914
- Ross v. BerryNew Mexico Supreme Court · 1912
3Cited by10 opinions
- Martin v. New York Life Ins. Co.New Mexico Supreme Court · 1923
- Mundy v. IrwinNew Mexico Supreme Court · 1915
- Cook v. Mills Ranch-Resort Co.New Mexico Supreme Court · 1926
- Hernandez v. RobertsNew Mexico Supreme Court · 1918
- Cox v. Douglas Candy Co.New Mexico Supreme Court · 1917
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