Gomez v. Ulibarri

Citations

• 23 N.M. 501

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>“Open court” ordinarily denotes a court in session organized for the transaction of judicial business. As used in section 4471, Code 1915, it anticipates the presence of the appellee or his attorney before the court. Held, that issuance and service of citation are rendered unnecessary, where record discloses that appellee contested question concerning right of appeal, . and was before court when appeal was allowed.</p>