Legal Opinion

Caddy v. Wagner

New Mexico Supreme Court

Decided October 5, 1920No. 2460Published

Appeal from District Court, Torrance County; Edwin ' Mechera, Judge. Action by J. M. Caddy and others against W. W. Wagner. Judgment for the plaintiffs, and defendant appeals. Curing defect. The signature of the clerk of the lower court to his certificate of the record of appeal may be added even after a motion to dismiss for want of his signature. Marsoudet v. Clancy, Mann. Unrep.

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Appeal from District Court, Torrance County; Edwin ' Mechera, Judge. Action by J. M. Caddy and others against W. W. Wagner. Judgment for the plaintiffs, and defendant appeals. Curing defect. The signature of the clerk of the lower court to his certificate of the record of appeal may be added even after a motion to dismiss for want of his signature. Marsoudet v. Clancy, Mann. Unrep. Cas.-(La.) 38; 4 C. J. 456. California. — Hallings v. Duval, 119 Cal. 199, 51 Pac. 335 (holding that the certificate may be amended after the time for filing the transcript has expired) ; 4 C. J. 456. Where…

1Opinion of the Court

OPINION OF THE COURT.

RAYNOLDS, J.

This is a motion to dismiss the appeal upon the ground that the transcript of record is not certified by the clerk of the district court. Subsequent to filing this motion to dismiss, the appellant filed a motion to withdraw the transcript of record temporarily for the purpose of having the same further signed and sealed by the clerk. There are two certificates upon the last page of the transcript of record, the first one being to the effect that—

“The foregoing 123 pages of typewritten matter contain a true and correct transcript of the record and proceedings…

2Cases cited5 opinions

  1. Moyer v. PrestonWyoming Supreme Court · 1896
  2. Walcher v. StoneSupreme Court of Oklahoma · 1905
  3. Baca v. Unknown Heirs of PalaezNew Mexico Supreme Court · 1915
  4. City of Tucumcari v. BelmoreNew Mexico Supreme Court · 1913
  5. Robinson v. SawyerNew Mexico Supreme Court · 1918

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