Jones-Downes Co. v. Chandler
New Mexico Supreme Court
Appeal from the district court of Grant county, before Frank W. Parker, Associate Justice. No joinder in erroT, which, under Section 3140, C. L. N. M., 1897, is required to be filed within four days after the first day of the present term, has been filed in the case. Joinder in error being required by our statutes, no rule on appellee was necessa^r, and, it not having joined the error is confessed and the cause should be reversed.
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Appeal from the district court of Grant county, before Frank W. Parker, Associate Justice. No joinder in erroT, which, under Section 3140, C. L. N. M., 1897, is required to be filed within four days after the first day of the present term, has been filed in the case. Joinder in error being required by our statutes, no rule on appellee was necessa^r, and, it not having joined the error is confessed and the cause should be reversed. Murdock v. Townsend,,. 1 Col. 33. No ■ application of the payment on the $5,000.00 note having been made by either partjq as between principal and interest, and…
1Opinion of the Court
OPINION OF THE COURT.
MILLS, C. J.
— The record in this case is not at all voluminous. The appellant introduced no evidence, nor were any exceptions saved to any of that introduced by the appellee.
1 Appellant claims that no joinder in error was filed in the supreme court within the statutory time as required by Section 3140, Compiled Laws of 1897. We do not think in the case at bar that the point is well taken, for Sec. 3140, Compiled Laws of 1897, was repealed by Sec. 3, Chap. 114, Laws of 1905, and the law now is that "unless exception is filed or taken to the assignment of error the opposite…
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