Roberson v. Citizens' Lumber Co.

Citations

• 26 N.M. 171
• 190 P. 353

Syllabus

<p>SYLDABUS BY THE COURT.</p> <p>1. The granting of an appeal to the Supreme Court .by the judge of the district court does not occur “in the trial of the cause;* consequently should be shown by the record proper, and not in the bill of exceptions. P. 173</p> <p>2. Under section 15, chapter 43, Laws 1917, where no cost bond is filed within 30 days, the appeal or writ of error abates,- and the Supreme Court has no power to entertain an appeal where the cost bond is not filed within the time limited. P. 173</p> <p>3. The judge of the district court has no power to certify to the transcript of the testimony, or to sign and settle the bill of exceptions, more than 80 days after the appeal is allowed, unless the time for signing the same has been extended as authorized by the statute. P. 173</p>