Abeytia v. Spiegelberg

Citations

• 20 N.M. 614
• 151 P. 696

Syllabus

<p>. SYLLABUS OF THE COURT.</p> <p>1. A cost bond, on appeal, under the statutes of tbis state, is not essential to the jurisdiction of the Supreme Court, and a failure to file the same, as required by the statute, may be waived.</p> <p>P. 616</p> <p>2. Upon the allowance of an appeal to the Supreme Court by the district court, the case is, in contemplation of law, pending in the Supreme Court, and jurisdiction is transferred from the district court to the Supreme Court, • and a motion to dismiss the appeal cannot properly be filed with the clerk of the district court.</p> <p>P. 617</p> <p>3. Where an appellant fails to file a cost bond within 30 days, as required by the statute, appellee, if he desires to take advantage of the default, should file with the clerk of this court a transcript of so much of the record of the trial court as is necessary to show that a final judgment' in the cause was rendered, that an appeal therefrom was allowed, and a certificate of the clerk of the district court that no cost bond has been filed, together with a motion, directed to this court, asking that the appeal be docketed and dismissed because of such default.</p> <p>P. 617</p>