Collins v. Unknown Heirs

Citations

• 27 N.M. 222
• 199 P. 362

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. A motion to dismiss a writ of error or appeal for failure to file a transcript, of record or assignments of error within the time required by statute, not made until after the appellant or plaintiff in error has cured the default, will be denied. P. 223</p> <p>2. Where an appellant files a motion for extension of time within which to file assignments of error before appellee has taken advantage of the default, such motion has the effect of curing the default if granted by this court. P. 223</p> <p>3. An extension of time granted by the trial court for settling and signing the bill of exceptions automatically extends the return day for the appeal or writ of error to 10 days beyond such extended time. P. 224</p> <p>4. The trial court may grant a second extension of time within which to settle and sign the bill of exceptions, where a praecipe for the record has been filed within the time limited by the statute. P. 225</p>