Acequia Madre v. Meyer

Citations

• 17 N.M. 371
• 128 P. 68

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. Appellee cannot secure the dismissal of an appeal and affirmance of the judgment of the lower court, under sec. 21, chap. 57, S. L. 1907, as amended by sec. 2, chap. 120, S. L. 1909, without filing three copies of the transcript of record, as required by said section.</p> <p>2. Appellant can not, in the face of a motion to dismiss, the appeal and affirm judgment, well taken, dismiss the appeal, and cut off appellee’s right to an affirmance, given, him by the statutes.</p> <p>3. Upon the failur.e to assign error, and file a copy of such assignment of error with the clerk of the supreme court, and serve the opposite party as required by sec. 21, chap. 57, S. L. 1907, the appeal will be dismissed and the-judgment of the lower court affirmed, in the absence of any showing, excusing the default.</p>