Price v. Toti

Citations

• 16 N.M. 75

Syllabus

<p>SYLLABUS (by THE COURT).</p> <p>1. A motion by appellee to docket and affirm will be granted where appellant has failed to file his transcript at least ten days before the return day or has failed to file assignments of errors on or before the return day, unless “good cause” be shown excusing the default.</p> <p>2. The trial judge is not authorized to settle a bill of exceptions tendered less than ten days before the return day and his failure so to do does not constitute good cause for appellant’s failure to file transcript and assignment of errors within the statutory period.</p>