M. B. Goldenberg Co. v. El Paso & S. W. Co.

Citations

• 23 N.M. 504
• 169 P. 476

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. In appeals from a justice of the peace court to the district court, rule 4 of the rules of practice for the district courts (14 N. M. 711, 107 Pac. xi), providing that, if appellant, or plaintiff in error, shall not procure the cause to be docketed on or before the third day of the term at which the return shall be made, the appellee, or defendant in error, may, on motion, have the cause docketed, and the appeal or certiorari dismissed, or, at his election, he may have the judgment of the justice court affirmed, is in aid of and supplemental to the statute (section 3222) making it the duty of the justice of the peace to file a transcript of his docket, together with the papers in the cause, with the clerk of the district court in all appeal cases, and section 3223, making it the duty of the clerk of the district court to docket the cause, and is therefore not in conflict with such statutory provisions, and not invalid. P. 505</p> <p>2. The right to appeal from the district court to the Supreme Court inheres in any party aggrieved from the entry of any final judgment in any civil action, including default judgments, providing such appeal is prosecuted within six months. P. 507</p>