Gutierrez v. Brady

BICKLEY, Justice.

Defendant in error moves to dismiss the writ of error in this case applied for October 3, 1940. It appears that plaintiff in error filed a motion in the court below to vacate a judgment in favor of defendant in error, on the ground of newly discovered evidence. -For further details as to said motion, see State v. Frenger, District Judge, 44 N.M. 386, 103 P.2d 115. Upon a hearing of the last mentioned motion, it was denied on July 11, 1940.'

It is claimed by defendant in error that the petition for writ of error should have been filed here within twenty days under Sec. 2 of…