Herbst v. Rogers

Citations

• 22 N.M. 449
• 164 P. 827

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The failure of appellant to file transcript of record in tbis court within time specified by law is waived, where no advantage thereof is taken until after transcript has been filed.</p> <p>P. 451</p> <p>2. Bills of exception must be settled and signed on or before ten days before the original return day, unless time therefore is specifically extended. Held, extending time for filing complete transcript in this court does not extend time to settle and sign bill of exceptions. P. 451</p> <p>3.Assuming that grant of an indefinite easement cannot be enlarged or changed beyond its terms as subsequently defined by practical construction, that doctrine has no application in face of findings of trial court, which when reasonably construed, hold that no practical construction of the grant was made by the parties. P- 453</p>